Bagbin insists Parliament can reconsider anti-LGBTQ+ Bill before assent; rejects 'Functus Officio’ claims

Speaker of Parliament, Alban Sumana Kingsford Bagbin, has dismissed assertions that Parliament lost its authority over the anti-LGBTQ+ Bill immediately after its passage, insisting that lawmakers retain the constitutional power to revisit and reconsider legislation before it is transmitted to the President for assent.

Speaking during a courtesy call by the Supreme Court 150th Anniversary Planning Committee on Thursday, June 11, 2026, the Speaker explained that Parliament’s legislative process includes post-passage mechanisms that allow members to correct errors, resolve inconsistencies, and review decisions made on a bill before it becomes law.

His remarks come amid ongoing legal and constitutional debates surrounding the fate of the controversial anti-LGBTQ+ legislation and the extent of Parliament’s powers after a bill has successfully passed all legislative stages.

The doctrine of functus officio is a legal principle that refers to a situation where a public official, court, tribunal, or decision-making body has completed its assigned task and therefore lacks the authority to revisit, alter, or reconsider the matter.

Some legal commentators have argued that once Parliament passes a bill through its third reading, its role is effectively complete, leaving only the administrative responsibility of forwarding the legislation to the President for assent.

However, Speaker Bagbin disagreed with that interpretation.

“The recent debate where some words came out strongly to say that by the Constitution, once a law is passed on the floor, Parliament is functus officio. It is not the law because we have what we call the post-passage process before you send it to the President for assent,” he stated.

According to the Speaker, Ghana’s parliamentary procedures provide room for lawmakers to identify and address mistakes or inconsistencies that may emerge after a bill has been passed.

He noted that Parliament can return a bill to the House through a process known as a motion of rescission, which allows a previous decision to be reversed and the legislation reconsidered.

“That is why in the Constitution, there is no time limit given to Parliament after passage to submit to the President for assent,” he explained.

“In many occasions, we usually identify some inconsistencies or some errors and then you can go back to the House, where they refer to as the Second Reconsideration Stage. You use the process called the motion of rescission to rescind the decision of having read the bill the third time.”

Bagbin emphasized that the absence of a constitutional deadline for transmitting a bill to the President provides Parliament with the opportunity to conduct further scrutiny when necessary.

The Speaker described the ability to revisit passed legislation as an important self-correcting mechanism within Ghana’s parliamentary system.

According to him, this process helps ensure that laws sent for presidential assent are accurate, consistent, and reflective of Parliament’s intentions.

“So, we have that process of self-correction. So, it is really not the law that once the Speaker presiding says the bill is read the third time and has passed, Parliament is functus officio,” he added

Bagbin’s comments are likely to reignite debate over the legislative status of the anti-LGBTQ+ Bill, which has generated significant public discussion both within Ghana and internationally.

Supporters of the legislation have argued for its swift transmission and assent, while opponents have raised constitutional, human rights, and procedural concerns.

The Speaker’s clarification suggests that Parliament retains the authority to revisit aspects of the legislation if procedural issues, drafting errors, or other concerns arise before the bill is formally presented to the President.

His remarks also provide insight into how Ghana’s legislative process accommodates review and correction even after a bill has successfully passed through all parliamentary stages.