The apex court presided over by Justice Jones Dotse on Wednesday unanimously ruled that a Deputy Speaker in Parliament can vote and be counted during the formation of a quorum for parliamentary decision-making.
The landmark ruling was given after private legal practitioner, Justice Abdulai, filed a case against the Attorney-General to contest the First Deputy Speaker Joseph Osei-Owusu’s decision to count himself during a vote to approve the 2022 budget.
Many have argued that the standing orders of Parliament cannot supersede the 1992 Constitution of Ghana; hence the SC is right in their ruling.
The Minority and the opposition National Democratic Congress (NDC) on the other hand believes it's an affront on the principle of separation of powers.
Adding his voice to the debate, George Opare Addo, National Youth Organiser of the NDC, says the independence of Parliament is being compromised adding if it's not checked soon, the Judiciary can rule that Parliamentary sitting is unconstitutional
Speaking in an interview on Peace FM's The Platform programme, Pablo as he is popularly called, further described the ruling as a form of judicial interference because Parliament is a separate arm.
"The Supreme Court should have stayed away from this matter because the SC does not have the power to intervene in matters of Parliament; it's as simple as ABCD. this is an issue that concerns Parliament. If the Chief Justice issues practice orders can Parliament intervene? The Chief Justice doesn't make laws but he issues practice orders; can parliament say because he doesn't have the powers to make laws they won't allow the practice orders to work? No. The Supreme Court should've declined jurisdiction on this matter because clearly, they don't have jurisdiction to go into issues of procedures of parliament..." he averred.
"...the SC cannot intervene in the standing orders of Parliament. Parliament is the house of the people; Supreme Court is not the house of the people; for me, I think they got it wrong...issues that cover the administration of parliament, the Supreme Court cannot intervene" he insisted.
Listen to him in the video below
Source: Peacefmonline.com
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