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Speaker lacks discretion in swearing-in MPs – Samson Anyenini

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Speaker lacks discretion in swearing-in MPs – Samson Anyenini

Speaker lacks discretion in swearing-in MPs – Samson Anyenini

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Journalist and private legal practitioner Samson Lardy Anyenini has explained Speaker of Parliament Alban Bagbin’s decision not to swear in parliamentary candidates whose election results were annulled by the Supreme Court.

According to Mr. Anyenini, the swearing-in process is governed by law, with the Speaker relying exclusively on the Electoral Commission’s (EC) gazetted list of MPs-elect. He noted that the Speaker’s role in this process is ceremonial and does not allow for personal discretion.

“The Speaker swears in the newly-elected members of Parliament, But we also know that by the operation of law, a duly elected MP is one whom the Electoral Commission, by its sole authority, has gazetted as elected. If you are not gazetted, you will not be sworn in. You cannot be admitted into the House, and any attempt to participate in its business is a criminal offence that could lead to arrest,” he explained.

Addressing the issue of annulled results, Speaker Bagbin stated that candidates whose election results were nullified by the Supreme Court on December 27, 2024, would not be sworn in during the January 6, 2025, ceremony.

The Supreme Court annulled re-collated results in four constituencies, Okaikwei Central, Ablekuma North, and Tema Central in the Greater Accra Region, as well as Techiman South in the Bono East Region, citing irregularities in the EC’s re-collation process.

Mr. Anyenini stressed that the Speaker must operate strictly within the confines of the law, relying on the EC’s gazetted list. He also clarified that any disputes regarding election results fall under the sole jurisdiction of the courts.

 

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