Bagbin’s Cocaine Ruling: Osahen Throws Down The Gauntlet

The Minority in Parliament has filed a formal motion challenging Speaker Alban Bagbin’s decision to block a proposed parliamentary inquiry into major cocaine seizures linked to Ghana.

The motion, filed by First Deputy Minority Whip and Tolon MP, Habib Iddrisu, invokes Standing Order 127 of Parliament’s Standing Orders and seeks a review of the Speaker’s September 29, 2026 ruling, which declared the proposed investigation inadmissible.

The Speaker had ruled that proceeding with the inquiry could prejudice ongoing criminal proceedings involving approximately 21 persons in four separate narcotics-related cases.

However, the Minority is challenging the decision, arguing that the existence of criminal prosecutions should not prevent Parliament from exercising its constitutional oversight responsibilities, particularly where questions have been raised about the performance of public institutions.

Addressing a press briefing ahead of Parliament’s resumption on Tuesday, November 3, 2026, Minority Leader Alexander Afenyo-Markin said the motion should not be construed as an attempt to undermine the authority of the Speaker.

He said respect for the Speaker did not preclude Members of Parliament from questioning a ruling they believed raised concerns about the constitutional powers and responsibilities of the House.

According to him, the proposed inquiry is not intended to determine the guilt or innocence of individuals facing prosecution but to examine the institutional and regulatory circumstances surrounding the movement of illicit drugs through Ghana.

He said the reported cocaine interceptions involving consignments linked to Ghana warranted a comprehensive examination of the country’s port security systems, cargo inspection procedures, customs controls and intelligence-sharing arrangements.

Among the incidents cited by the Minority Leader was the seizure of approximately 3.9 tonnes of cocaine at the Port of Dunkirk in France on September 7, 2026.

The consignment, reportedly concealed in a shipment of plastic waste originating from Ghana, was estimated to be worth about €225 million.

Mr Afenyo-Markin also referred to other reported cocaine interceptions in Amsterdam, Antwerp and Sydney, as well as suspected seizures within Ghana, including incidents around the Tema Harbour enclave and Pedu Junction.

He said the incidents raised broader questions about the effectiveness of Ghana’s border security and the capacity of state institutions to detect and prevent international narcotics trafficking networks from exploiting the country’s entry points.

The Minority believes the circumstances surrounding the seizures require scrutiny beyond the prosecution of individuals allegedly involved in the illicit trade.

It wants Parliament to establish whether weaknesses in border protection systems, intelligence coordination, cargo monitoring and institutional supervision have created opportunities for drug trafficking networks to operate through Ghana.

At the centre of the disagreement is whether Parliament can conduct an institutional investigation into the reported incidents without interfering with criminal proceedings before the courts.

Explaining the Minority’s position, Mr Afenyo-Markin argued that criminal prosecution and parliamentary oversight serve different constitutional purposes and should not automatically be treated as mutually exclusive.

He said while the courts were responsible for determining the criminal liability of accused persons, Parliament had a separate responsibility to examine the performance of public institutions, assess the adequacy of existing regulatory frameworks and identify administrative failures requiring corrective action.

He cautioned against allowing ongoing prosecutions to become a blanket justification for preventing parliamentary scrutiny, warning that such an approach could leave systemic weaknesses unaddressed.

According to him, the prosecution of individuals does not absolve the government and relevant public institutions of the responsibility to account for how the country’s security and regulatory systems operated in the circumstances surrounding the reported seizures.

The Minority has consequently maintained that its proposed inquiry would focus on institutional performance and accountability rather than matters relating to the criminal liability of persons currently before the courts.

The proposed investigation was initially intended to be bipartisan, with the opposition seeking to have the matter treated as a national security and institutional accountability concern rather than a partisan political issue.

However, the Speaker’s September 29 ruling halted the process, citing the potential risk of prejudicing the ongoing criminal cases involving the approximately 21 accused persons.

The latest motion now places the application of Standing Order 127 and the Speaker’s authority to determine the admissibility of parliamentary business at the centre of a fresh disagreement within the House.

Its outcome could have wider implications for Parliament’s ability to conduct oversight investigations into matters that are simultaneously the subject of criminal investigations or prosecutions.

Should the Minority succeed in having the ruling reviewed, the House could have another opportunity to consider the proposed inquiry, subject to safeguards necessary to protect the integrity of the ongoing court proceedings.

Beyond the parliamentary disagreement, the controversy has renewed attention on Ghana’s vulnerability to transnational organised crime and the effectiveness of agencies responsible for monitoring the movement of goods through the country’s ports, airports and other entry points.

Questions remain about the effectiveness of cargo screening systems, the coordination of intelligence among security agencies and the capacity of existing oversight mechanisms to identify and address institutional weaknesses.

The motion by Mr Iddrisu is therefore expected to test the boundaries between Parliament’s constitutional oversight mandate and the need to protect ongoing judicial proceedings from possible prejudice.

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