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

Speaker of Parliament, Alban Sumana Kingsford Bagbin, has rejected claims that Parliament has become 'Functus Officio' following the passage of the anti-LGBTQ+ Bill.

He insists that the House retains the authority to revisit and reconsider the legislation before it is sent to the President for assent.

Functus Officio, a legal term describes a situation where an official, judge, or arbitrator has completed the duties assigned to them and, as a result, no longer holds the legal authority to revisit, alter, or rehear the case.

Speaking during a courtesy call on him by the Supreme Court 150th Anniversary Planning Committee on Thursday, June 11 2026, Mr. Bagbin explained that Parliament has established post-passage processes that allow lawmakers to correct errors, address inconsistencies and reconsider decisions taken on a bill before it becomes law.

His comments come in response to assertions that Parliament's responsibility ended once the bill was passed and that its only remaining duty was to forward it to the President for assent.

However, the Speaker disagreed, stating that the doctrine of 'functus officio' does not apply in this circumstance.

“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 said.

According to Bagbin, the Constitution does not prescribe a specific timeframe within which Parliament must transmit a passed bill to the President, creating room for further scrutiny where necessary.

He explained that Parliament can invoke a procedure known as a motion of rescission to reverse a previous decision and return a bill to the House for what is referred to as a second reconsideration stage.

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

“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 Second Reconsideration stage. You use the process called, the motion of recission to rescind the decision of having read the bill the third time," he stressed.

The Speaker emphasized that the process of self-correction is a tool within the legislative process and ensures that Parliament can address issues identified after the passage of a bill.

“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.