Speaker of Parliament Alban Sumana Kingsford Bagbin has expressed concern that Parliament was not served with court processes in the case of Ezuame Mannan v Attorney-General, despite being named as a party, before the Supreme Court struck down a provision of the Narcotic Control Commission Act.
Speaking on the floor of Parliament on Thursday, Mr Bagbin said he only learnt about the case through media reports and was unaware that Parliament had been joined in the suit.
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“I recently read in the dailies a case that was presided over by the Supreme Court in which judgment was given in the Mannan versus the Attorney-General and the Speaker of Parliament,” he said.
“The Speaker of Parliament had no knowledge about that suit and yet judgment was delivered by the Supreme Court, in which a section of a law we passed was struck out as unconstitutional.”
Mr Bagbin said Parliament was never served with the court processes and therefore had no opportunity to present its position before the judgment was delivered.
“If the Speaker is a party to a suit, at least the Speaker should be served. There was no service on us. Maybe the Attorney-General assumed that responsibility without even consulting us,” he stated.
The Speaker questioned why the Supreme Court proceeded with the case without hearing Parliament before declaring Section 43 of the Narcotic Control Commission Act, 2020 (Act 1019), unconstitutional.
The Supreme Court, in a 4–3 majority decision delivered on July 28, struck down Section 43 of Act 1019, holding that it contravened Article 106 of the 1992 Constitution.
Mr Bagbin made the remarks while responding to a question from the Member of Parliament for North Tongu, Samuel Okudzeto Ablakwa, regarding the status of Assin North MP James Gyakye Quayson.
According to the Speaker, there are instances where the Attorney-General cannot adequately represent Parliament’s interests in court, particularly in cases that directly affect legislation enacted by the House.
He said he would direct the Majority Leader and Minister for Parliamentary Affairs to engage the Attorney-General to ensure Parliament is consulted in future cases involving legislation passed by the House.
“We must do something to close this gap. Get inputs from Parliament when there are matters before the courts having some impact or effects on what we do here. We should be heard,” Mr Bagbin said.
On the issue of Mr Gyakye Quayson’s status in Parliament, the Speaker said he had no legal basis to make a determination because he had not received any official communication from the Judiciary.
He explained that media reports alone could not serve as evidence for any decision and that he was awaiting formal notification from the appropriate judicial authorities before taking any action.
