Parliament Loses Its Power When It Depends on Executive for Legal Advice- Minority Leader Warns

Minority Leader, Osahen Alexander Kwamina Afenyo-Markin has called for independent parliamentary legal offices across Africa, warning that dependence on the Executive for legal advice could undermine Parliament’s constitutional mandate and weaken its oversight of government.

He said autonomous legal offices were essential to protecting the separation of powers, strengthening constitutional democracy and ensuring that Parliament could scrutinise government decisions without political interference.

Mr Afenyo-Markin made the call on Tuesday, October 13, 2026, at the opening ceremony of the 8th Africa Colloquium of Legal Counsel to Parliaments in Accra, held under the theme “Ethics, Integrity and Legal Accountability.”

“Let us be clear: a Parliament that depends upon the Executive for its legal opinions is a diminished Parliament,” he declared.

The Minority Leader argued that parliamentary legal counsel must operate independently of political interests and provide impartial advice based on the Constitution and Parliament’s institutional authority.

He said the need for independent legal advice was particularly critical when Parliament considered contentious bills, loan agreements and statutory instruments with potential implications for citizens’ rights and freedoms.

According to him, the Minority could not reasonably be expected to rely on lawyers serving the Executive to provide impartial interpretations on matters involving the scrutiny of government decisions.

Mr Afenyo-Markin also cautioned parliamentary legal counsel against yielding to political pressure or facilitating the manipulation of parliamentary procedures to silence dissent and marginalise minority voices.

He maintained that legal advisers had a professional obligation to provide candid advice to the Speaker, the Clerk and parliamentary committee chairpersons, even when their opinions conflicted with the preferences of influential political actors.

“Professional integrity requires the refusal to draft provisions that are inconsistent with constitutional requirements,” he said.

He further stressed that non-partisanship should not be mistaken for passivity, insisting that parliamentary legal offices had a duty to defend procedural fairness and protect democratic rights against possible abuses of majority power.

Mr Afenyo-Markin’s remarks come as delegates at the colloquium undertake a 15-year review of the Nairobi Principles, which provide guidance on the independence and impartiality of parliamentary legal offices.

He urged participants to use the review to assess whether parliamentary counsel across Africa had the institutional autonomy, adequate resources and authority required to discharge their responsibilities effectively.

The Minority Leader said African citizens expected their parliaments to serve as a safeguard against corruption, the arbitrary exercise of power and authoritarianism.

He therefore called on parliamentary legal counsel across the continent to uphold independence, ethical conduct and professional courage in defending constitutionalism and accountability.

He said strengthening the independence of parliamentary legal offices would help ensure that legislatures could fulfil their oversight responsibilities and protect democratic governance across Africa.