The Speaker of Parliament, Alban Bagbin, has emphasized that President Nana Akufo-Addo lacks the constitutional authority to reject the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, commonly known as the anti-LGBTQ+ bill.
In a media briefing in Accra, Bagbin stated that once Parliament has passed a bill, the President’s constitutional role is limited to assenting to the bill.
Mr Bagbin elaborated on this by stating, “I have instructed the clerk to forward the bill on the promotion of proper human sexual rights and Ghanaian family values to the president for assent.”
This clear directive reinforces the Speaker’s position that the process must proceed according to constitutional protocol.
By issuing this instruction, Mr Bagbin is upholding the separation of powers as outlined in the Constitution of Ghana, specifically referencing Article 106, which mandates that once Parliament has passed a bill, the President has no veto power and must either sign the bill into law or send it back for further consideration.
This action further highlights the executive’s limited role in the legislative process after a bill has received approval from Parliament.
Mr Bagbin’s comments came in response to a request from the President’s office urging Parliament to delay forwarding the bill for assent due to two ongoing Supreme Court cases challenging its constitutionality.
The request was based on advice from the Attorney General, who suggested waiting for the court’s ruling before taking further action.
Despite this, Mr Bagbin reaffirmed that, according to the 1992 Constitution of the Republic of Ghana, the President cannot interfere in Parliament’s legislative process once a bill has passed through Parliament. He added that any executive attempt to delay or block the bill would be unconstitutional.
The Speaker warned that such executive interventions could undermine the independence of Parliament and set a dangerous precedent that could weaken Ghana’s democratic framework.
“The powers vested in Parliament must not be undermined by executive influence,” Bagbin said, underscoring the constitutional principle of the separation of powers, which prohibits one branch of government from unduly interfering in the processes of another.
He further emphasized that the Attorney General’s advisory role does not extend to halting the legislative process.
Mr Bagbin also pointed to past instances of executive overreach, noting that attempts to obstruct private members’ bills could erode public trust in Parliament.
His statements have ignited a national conversation about the proper balance of power between the legislative and executive branches in Ghana’s political system.
Concluding his address, Mr Bagbin called for all government branches to adhere strictly to their constitutional roles, ensuring that Parliament remains free from executive interference.
This, he argued, is essential for preserving the integrity of Ghana’s democratic processes and safeguarding the interests of the people as defined by the Constitution of Ghana.
