Will Bagbin commit contempt of court? We, the people of Ghana, have accepted the 1992 Constitution as the highest law of our land. This commitment to constitutional supremacy—unlike the parliamentary supremacy practiced in the United Kingdom—raises important questions about the actions of our leaders, including Speaker Bagbin. The 1992 Constitution clearly delineates the exclusive jurisdiction of the Supreme Court to interpret and enforce laws, making disobedience of court orders a straightforward offense of contempt.
The 1992 constitution sets out the EXCLUSIVE ORIGINAL JURISDICTION of the Supreme Court (SC) to interpret and enforce the constitution – and the laws of our land. In the exercise of this function, the SC, albeit it lacks democratic representation, to some extent makes laws. It’s abundantly clear and fundamental that disobedience of any court order or declaration is a straightforward offence of contempt of court. In our disagreement with any such court orders, declarations or directives, the constitution has thus set out lawful procedures to contest rulings of the courts.
Quite the reverse, the UK, which is a common law jurisdiction, was faced with a similar constitutional case in 2019, the landmark Miller case. The President of the UK Supreme Court at the time, the ever amiable Baroness Hale of Richmond, delivered a lead judgement (which was the unanimous judgement of 11 justices) against then Prime Minister, Boris Johnson, and boldly described his action to prorogue the UK Parliament as “unlawful, void and of no effect.” Accordingly, the Prime Minister disagreed with the order but accepted it and both house of parliaments were reconvened ASAP. The sanctity of court orders will not and must not be sacrificed for any political expediency.
Indeed, sections of the Ghanaian public have described Speaker Bagbin as having been overzealous in his partisanship in parliament relative to certain political issues with the obvious intent of frustrating parliament and the executive’s ability to undertake its constitutional functions; however, I doubt he is bold enough to disobey the declaration and orders of Ghana’s Supreme Court. Touchwood!
BY: Shareef Sule