The Speaker of Parliament, Alban Sumana Kingsford Bagbin, has declared that the independence of parliamentary legal advice is crucial to democratic governance. He made these remarks at the 8th Africa Colloquium of Legal Counsel to Parliaments in Accra, Ghana, on October 13, 2026. The Colloquium, hosted by the Parliament of Ghana, brought together legal counsels from across Africa to review 15 years of the Nairobi Principles.
Mr. Bagbin emphasized that legislative counsel and drafters are the quiet and indispensable architects of constitutional democracy. He stressed that their ultimate loyalty must be to Parliament as a constitutional institution, not to any political party or individual. The Speaker's speech, read on his behalf by Reverend Ebenezer Ahumah Djietror, the Clerk to Parliament, highlighted the significance of impartiality in parliamentary legal practice.
The Speaker noted that impartiality does not mean indifference, but rather requires professional judgment without affection, ill-will, or partisan instruction. He quoted the judicial oath, which emphasizes the importance of doing right to all manner of people without fear or favor, affection or ill-will. According to Mr. Bagbin, parliamentary legal services must remain honest, even when unwelcome, and must be guided by a commitment to the institution of Parliament, the Constitution, and the public interest.
Mr. Bagbin warned that parliamentary counsel must resist the temptation to use legal reasoning to disguise political convenience. He cautioned against selectively commissioning legal opinions until a favorable conclusion is obtained, noting that this can short-circuit the law. The Speaker emphasized that accountability requires being prepared to say in writing when a law is likely to be challenged, when delegation is too broad, or when procedure may not survive judicial review.
The Speaker also touched on the issue of Artificial Intelligence (AI), noting that while it can assist in research and drafting, it introduces risks of confidentiality breach, fabricated authorities, hidden biases, and weak audit trails. He charged the Colloquium to adopt principles ensuring that no authority is drafted by AI that no human has reviewed, and that every use of AI can be audited.
In his remarks, Dr. Dominic Akuritinga Ayine, the Attorney-General and Minister for Justice, urged Legal Counsel to Parliaments across Africa to use the ongoing 8th Africa Colloquium to develop practical protocols on the use of AI and the handling of improper instructions. The Colloquium will continue until October 16, 2026, and will focus on the theme: “Ethics, Integrity and Legal Accountability.”
Key points
- The Speaker of Parliament emphasized the importance of independence and integrity in parliamentary legal advice.
- He charged legal counsel to prioritize Parliament's interests over political parties or individuals.
- The Colloquium aims to develop practical protocols on the use of AI and the handling of improper instructions.
