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Kwaku Azar punches holes in ruling by Supreme Court on right of Deputy Speakers to vote

US-based Ghanaian lawyer and scholar, Professor Stephen Kwaku Asare (Kwaku Azar)

Sat, 12 Mar 2022 Source: www.ghanweb.com

Prof Asare says ruling of Supreme Court contentious

Deputy speakers not participating in debates but can vote, wrong – Azar

Supreme court strikes out Standing Orders that prevented deputy speaker presiding from voting


US-based Ghanaian lawyer and scholar, Professor Stephen Kwaku Asare (Kwaku Azar) has bemoaned the ruling of the Supreme Court that allows Deputy Speakers while presiding over parliament.

According to Kwaku Azar, the ruling which in his view is contrary to the Standing Orders of Parliament is not clearly stated in the 1992 constitution of Ghana.

He indicated that the reasons given by the court as the basis of its ruling are, therefore, highly contentious.

“The logic that MPs are disqualified from voting ONLY on contract related conflict of interests and the two propositions flowing thereof (namely, (i) Speaker is disqualified from voting not because he presides but because he is not an MP, (ii) presiding is not a disqualifying conflict) must fail, leaving the decision with nothing to hang on,” a post on the lawyer’s Facebook page read.

“The logic that excluding a presiding deputy speaker from the “non-voting” quorum while including him in the “voting” quorum means he is barred from debates but entitled to vote necessarily fails. Quorom is a green light for an action to commence but has nothing to with rights and entitlements at the action! The latter must be sought elsewhere,” he added.

TWI NEWS

The opposition National Democratic Congress and the minority caucus of Parliament have described the ruling by the court as an interference in the working of an equal branch of the government.

President Nana Addo Dankwa Akufo-Addo and members of the majority caucus of Parliament on the other hand have stated that the court is right and argue that the constitution supersedes the Standing Orders of Parliament.

Speaker of Parliament, Alban Bagbin has urged the petitioner, justice Abdulai, to file for a review of the ruling by the court.

Read the full post of Kwaku Azar below

Source: www.ghanweb.com
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