Sam Okudzeto: Parliament creates laws, but it does not interpret them

The importance of the judiciary in interpreting the law has been emphasized by Sam Okudzeto, a private attorney and former president of the Ghana Bar Association (GBA). "Parliament makes the law, but Parliament does not interpret the law," he said.

His remarks follow the turmoil surrounding the makeup of Parliament's leadership following Speaker Alban Bagbin's announcement on Thursday, October 17, that four parliamentary seats were up for grabs.

The NDC holds the fourth impacted seat, while the NPP holds three. As a result of the ruling, there is currently a fresh leadership crisis in Parliament, with the NDC, which has been in the minority, claiming to have 136 seats compared to the NPP's 135 seats.

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The Supreme Court, however, issued a stay of execution on Speaker Alban Bagbin's proclamation on Friday, October 18, directing Parliament to acknowledge the four MPs and for them to perform their official duties and fully represent their constituencies until the substantive case is heard.

The NDC caucus, however, has pledged not to give up its recently acquired majority position, maintaining that the Supreme Court cannot usurp the authority of Parliament as a separate branch of government that operates under its regulations.

Diverse legal experts have expressed differing views on the subject. Speaking on Sunday, October 20 on JoyNews' The Probe, Mr. Okudzeto voiced his concern about the position that certain MPs have taken on the matter, contending that the Supreme Court, not Parliament, still has the final say over how the Constitution should be interpreted.

“The constitution is the supreme law of the land. It was not Parliament that made the constitution; it was the people of Ghana, and the power to interpret the constitution has been given to the Supreme Court,” he said on Sunday. Mr. Okudzeto chastised some of his fellow lawmakers for interpreting constitutional provisions in a way that he said prioritized sentiment over legality.

He emphasized that as the Supreme Court is the body constitutionally tasked with interpreting the law, it should settle the dispute surrounding the announcement of open seats.

“It is rather surprising that my legal colleagues in Parliament don’t want to apply their minds to legality but are instead trying to use sentiments to interpret the law, and I don’t think it is in the interest of Ghana,” he noted.