Prominent lawyer and Vice President of Imani Africa, Kofi Bentil, in an interview with JoyNews Super Morning Show, has voiced strong criticism of Speaker Alban Bagbin’s stance against a recent Supreme Court ruling, calling it both “worrying” and disrespectful to the judiciary. Bentil’s remarks come as Speaker Bagbin contests the Supreme Court’s decision that prevents him from declaring four parliamentary seats vacant, a move that has sparked debate on the separation of powers and the authority of the court in constitutional matters.
Bentil began by addressing the Supreme Court’s jurisdiction in the case, underscoring that the matter hinges on constitutional interpretation. “This was a matter that had to do with a constitutional interpretation,” he stated. “I don’t see how anybody can say the Supreme Court did not have jurisdiction.” He emphasized that, in many cases, the Supreme Court may assert jurisdiction even where it might be questioned, especially if no objections are raised. “You can file a case in a court which ordinarily does not have jurisdiction. If the court proceeds but nobody objects, that matter will stand. The rulings will stand.”
Bentil also took issue with Speaker Bagbin’s refusal to recognize the Supreme Court’s authority in this matter, despite disagreeing with its ruling. He noted that Bagbin’s approach could damage the relationship between the judiciary and the legislature. “The trajectory is worrying for me because it seems to me that the Speaker, who in my view is the best speaker we have had, but on this occasion I disagree with, is telling the court that they don’t have the right to do what they have done.”
He expressed concern that the Speaker’s stance amounted to a challenge of the court’s authority, describing it as an “affront” to the judiciary. “When you take that kind of position, it’s an affront to the court,” Bentil asserted. He argued that if Speaker Bagbin disagreed with the court’s decision, he still needed to respect the process by returning to the court to make his case. “You can’t come to the same court and suggest that they should set aside the thing which you are saying they ruled wrongly and when you refuse their authority over the matter.”
Bentil stressed the importance of compliance with court rulings, regardless of personal disagreement. “If you disagree with the court, you still have to obey the court,” he said firmly. He urged Speaker Bagbin to honor the judiciary’s authority by presenting his arguments respectfully in court. “You still have to go to the same court, respect them, make your argument, and ask them to set it aside. And I believe they will hear you.”
The legal expert warned against conflating issues of jurisdiction with the filing of applications, calling for a more disciplined approach to resolving conflicts between the branches of government. “We should not mix jurisdiction issues with the issue of an ex parte application,” Bentil concluded, reiterating the need for the Speaker to approach the judiciary in a manner that upholds the rule of law. Watch the video below
Bentil’s comments add to the ongoing debate over the roles and limits of Ghana’s branches of government, as tensions persist between the Speaker of Parliament and the Supreme Court. With the Speaker showing no signs of backing down, Bentil’s advice underscores the challenges of maintaining judicial respect while navigating complex political disputes.
