Audio By Carbonatix
Private Legal Practitioner, Justice Abdulai, says his decision to seek clarity from the Supreme Court on whether a Deputy Speaker can retain his or her original vote while presiding, was not politically motivated.
According to the plaintiff, he is not a member of the New Patriotic Party (NPP) or the National Democratic Congress (NDC).
Speaking on JoyNews' Newsfile, Mr Justice Abdulai noted that his objective was to obtain a ruling, whether favourable or not, that would help bring citizens together and shape the growth of the country.
"The next objective was to get a judgment that all will embrace without having to tag it as a political judgment as has always been done in the country.
"Invariably, whatever judgment that would have been obtained if an NPP or NDC sponsored plaintiff had gone to court, most likely, we would have had a judgement however good it might be, people will still shoot it down on the basis that it is tainted with politics."
Interacting with host, Samson Lardy Anyenini, he added that "it is a decision NPP and NDC will use going forward because it becomes a guiding principle for all of us."
Mr. Justice Abdulai, in a case against the Attorney-General, asked the Supreme Court to interpret Articles 102 and 104 of the 1992 Constitution and declare the action of Mr. Osei-Owusu, the First Deputy Speaker, to be counted as a Member of Parliament while acting as Speaker, as unconstitutional.
He also wanted the Supreme Court to declare the whole proceedings in Parliament on November 30, 2021, which led to the passage of the 2022 Budget, as unconstitutional. He contended that the Deputy Speaker should not have counted himself as an MP when he presided over proceedings.
The Supreme Court ruled that a Deputy Speaker of Parliament can be counted during the formation of a quorum for parliamentary decision-making and participation in voting while presiding.
The court also struck out portions of the standing orders of Parliament which reads, “A Deputy Speaker or any other member presiding shall not retain his original vote while presiding.”
The Court presided over by Justice Jones Dotse, therefore, affirmed the approval of the 2022 budget without NDC MPs’ participation.
Following the ruling, the Minority in Parliament have expressed disapproval. Minority Chief Whip, Muntaka Mubarak, said the position of the Supreme Court is an “attack on the legislature.”
Also, former President John Mahama has said the apex court's ruling sets a dangerous precedent for the country’s Parliamentary procedure.
However, First Deputy Speaker, Joseph Osei-Owusu has welcomed the ruling by the Supreme Court, describing it as “refreshing.”
He believes the decision by the Supreme Court would help guide their practice as Members of Parliament and advance Ghana’s democracy.
Meanwhile, former President John Mahama has called on the applicant, Justice Abdulai, to apply for a review of this ruling since the Supreme Court is "leading us into the realm of absurdity."
Latest Stories
-
The Ghanaian prophet and the mysterious death of his scottish wife Charmain Speirs
26 minutes -
Nearly 400 sentenced in Nigeria for links to militant Islamists
48 minutes -
Ghana’s recovery supported by gold strength despite global oil price pressures – Standard Bank Research
54 minutes -
Kwaku Azar writes: A-G vs OSP
1 hour -
Mfantsipim–Adisadel rivalry built excellence, not division – Sam Jonah
2 hours -
Vice President launches Mfantsipim’s 150 years of shaping Ghana’s greatest mind
2 hours -
I assure Otumfuo, Mahama will join him to commission KNUST Teaching Hospital by end of this year – Haruna Iddrisu
3 hours -
Barcelona dominate derby to extend La Liga lead
3 hours -
Gov’t to roll out free special education for persons with disabilities from July 1 – Education Minister
3 hours -
Importers and Exporters Association declares full support for Publican AI port system
3 hours -
“We used it to test our officiating officials’ readiness” – Bawah Fuseini after CAA Athletics event
4 hours -
Volleyball emerges as Ghana’s fastest rising sport
4 hours -
National Sports Fund needs strong leadership from the top – Administrator David Wuaku
4 hours -
JoySports Exclusive: Steve McLaren in talks with GFA after expressing interest in Black Stars job
4 hours -
Fire guts auto parts warehouse at Bubuashie, one fire officer injured
4 hours