Journalist and private legal practitioner Samson Lardy Anyenini, has shed light on Speaker of Parliament, Alban Bagbin’s decision not to swear-in some MPs-elect regardless of whether they have been gazetted by the Electoral Commission or not.

Speaking on Joy FM’s Super Morning Show, Mr Anyenini clarified that the swearing-in process is rooted in law, with the Speaker relying on the Electoral Commission’s (EC) gazetted list of MPs-elect. He explained that the Speaker’s role in swearing-in MPs is ceremonial, leaving no room for discretion.

“The Speaker swears in the newly-elected members of Parliament,” Mr Anyenini stated, and added .“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.”

On the issue of duly elected MPs, Speaker Alban Bagbin declared that parliamentary candidates whose results were affected by the Supreme Court decision on 27th December 2024 would not be sworn in on 6 January 2025. “The decision of the Supreme Court renders their declarations invalid and unlawful,” Bagbin affirmed.

The Supreme Court quashed a High Court order of mandamus compelling the EC to re-collate election results in four constituencies - Okaikwei Central, Ablekuma North, and Tema Central all in the Greater Accra region, as well as Techiman South in the Bono East region, citing irregularities in the EC's re-collation process. The apex court ruled that the procedure lacked the transparency and fairness required by the law.

This ruling followed a challenge by the National Democratic Congress (NDC) against a High Court directive issued on 20th December 2024, which instructed the EC to re-collate results in nine disputed constituencies. The NDC argued that the directive was procedurally flawed, and the Supreme Court upheld their position.

Mr Anyenini emphasised that the Speaker must act strictly within the boundaries of the law, relying solely on the EC's gazetted list.

“The Speaker’s job is not to conduct elections or determine who has been properly elected; his role is to swear in those the EC has gazetted, unless there is a court order to the contrary,” he noted.

Bagbin’s decision, Mr Anyenini said, must firmly be rooted in legal principles. “The Speaker’s role in swearing-in members is ceremonial. His job is not to determine who has been properly elected or to contest the Electoral Commission’s gazetted list,” Mr Anyenini explained.

“If a candidate is not gazetted, they are not admitted into Parliament and cannot participate in its proceedings. Attempting to do so would amount to a criminal offence, and such a person could be arrested.”

He further clarified that in cases where there is a legal challenge, the courts have the sole authority to resolve disputes. “If there is an injunction restraining a person gazetted by the EC from holding themselves as MP-elect, the Speaker is bound by law to respect that order. The individual cannot be sworn in or participate in parliamentary proceedings until the court lifts such an order,” Mr Anyenini stated.

Read also: MPs-elect with quashed results ineligible for swearing-In – Speaker