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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No wonder you did not pass to go to Law School.
The SC can subject the decisions and actions of the Executive to judicial review but cannot do same for parliament? Opare, where did you study constitutionalism? The arms of government are separate but equal. Keep deceiving your followers. Why did you not apply to join the suit when it was filed?
Every non entity mounts radio and spits ignorance and block headedness
Why pick and choose? I sort to believe that this behavior is not doing us any good. NDC accepting and dining with a dual citizen of Assin North is apt for parliament in the name of a hung parliament. Where were you when Abdulai Justice sent the case before the supreme court; were you expecting them deviate from the interpretation of the constitution in it's letter and spirit. Partisanship have blinded most of the people I think they should have known better. The constitution is very clear and understandable; just that we are pretending. Someone who is voted for to represent a constituency on a party ticket can not be said to be none partisan on the alter of presiding. The difference between the youth and most of these Old Citizens, is that they existed before us. There is absolutely no super reasonings
TOO MUCH ***barred word*** IS A DISEASE PLEASE READ THE CONSTITION AND LAW ELSE GO BACK TO SCHOOL. OH NDC IGNOOOORACE IS DEASE SO WHAT ARE THEY TELLING THE YOUTH IN GHANA IGNOOOOORANCE UNRULLY, ARROOOOGANT. THIS CASE WAS CLEAR AS A DAYLIGHT SO WHY ARE STILL CANNOT UNDERSTAND, IS THE SAME IN GHANA, SAME IN AUSTRALIA,CANADA, AMERICA, BRITAIN, KENYA, SOUTH AFRICA. EVEN A STUDENT MARKING CLASS REGISTER WILL MARK STUDENTS IN THE CLASS WHO ARE PRENT AND MARK HIMSELF TOO SO WHERE DO THESE NDC UNDUCATED NEED TO UNDERSTAN LOOOOOOSERS LEADERS. DO YOUR RESEARCH AND YOU WILL SEE IT. THEY STILL TALKING TO MEDIA THAT THEY WILL NOT AGREED TO IT IN PARLIAMENT. IT A SHAME WE HAVE A PARTY THAT IS SO IGNOOOOORANT THAT IS NOT FUNNY. EVEN SO CALLED LAWYERS AMONG IS VERY SICCK. NDC SO IGNOOOOOOORANT, LOOOOOOOOSERS THEY DON'T EVEN UNDERSTANT THE CONSTITUTION, CANNOT EVEN INTERPRATE THE LAW. AGAIN INEVERYTHING THEY HAVE NO SOLUTION EXCEPT CRITISIMS SUCH LOOOOOOSERS LEADERS AND LOOOOOTERS.
I WANT TO FIND OUT IF THOSE WHO ARE TALKING ABOUT SEPARATION OF POWERS HAVE FORGOTTEN ABOUT THE PRINCIPLE OF CHECKS AND BALANCES. THE PRINCIPLE OF CHECKS AND BALANCES EXISTS TO CONTROL THE ABUSE OF SEPARATION OF POWERS.