Professor Ransford Gyampo, a prominent lecturer at the University of Ghana, Legon, has publicly responded to the Supreme Court’s recent decision to overturn Speaker of Parliament Alban Bagbin’s ruling, which had declared the seats of four Members of Parliament vacant. This ruling, issued on October 18, 2024, has ignited discussions about the separation of powers within Ghana’s government.
In his statement, Professor Gyampo maintained that both former Speaker Mike Oquaye and current Speaker Bagbin made mistakes in their respective rulings. He emphasized that Parliament should retain the authority to manage its internal processes without interference from the judiciary. “Parliament must find its own ways to address its challenges,” he asserted, warning that Ghanaians must avoid creating a scenario where Parliament is subservient to the Judiciary and Executive.
He further argued that the judiciary should not have the power to restrain Parliament in a genuine democracy. Gyampo shared his insights on social media, elaborating on the significance of parliamentary sovereignty. He stated, “Parliament is the only truly representative arm of government among the three branches. Unlike the President, who is elected by a limited electorate, or judges, who are appointed rather than elected, Parliament represents the entire citizenry.”
The professor elaborated on the concept of sovereignty within government structures, suggesting that it is reasonable to regard Parliament as the sovereign body in a democratic framework. He underscored that this principle is fundamental in political studies and governance.
Addressing the role of the judiciary, Gyampo acknowledged the principle of judicial review, which allows courts to evaluate the constitutionality of parliamentary legislation. However, he cautioned against allowing the Supreme Court to rapidly overturn parliamentary decisions. “If the Supreme Court can be so readily summoned to adjudicate matters ruled on by the Speaker, it raises concerns about the future of our parliamentary democracy. This situation may not be judicial review but rather judicial interference,” he remarked.
Gyampo urged the judiciary to remain mindful of its role within the balance of power, asserting that overstepping these boundaries could lead to significant conflicts. He predicted that assertive Speakers, such as Bagbin, may assert parliamentary independence against judicial encroachment, potentially jeopardizing the quest for a balanced governmental authority.
As the political discourse evolves, Gyampo’s comments highlight the critical importance of maintaining a clear separation of powers within Ghana’s democratic framework. He concluded by suggesting that observers should closely monitor Speaker Bagbin’s response to the Supreme Court’s ruling and advocated for judicial deference to legislative actions in mature democracies.
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