Speaker erred in referring censure motion on Ofori-Atta to a committee - Lawyer

Private legal practitioner, Lawyer Tachie Antiedu has disagreed with the decision by the Speaker of Parliament, Alban Bagbin, to refer the censure motion to remove Ken Ofori-Atta, to an ad-hoc committee.

The lawyer explained that Article 82 of the 1992 Constitution confers the power of censorship of a Minister or Deputy Minister in Parliament.

The Speaker of Parliament, Alban Bagbin, on Thursday, November 10, 2022, set up an ad hoc committee to investigate the allegations in the Minority Caucus’ motion of censure against the embattled Minister of Finance, Ken Ofori-Atta.

According to the Speaker, the committee will allow the Finance Minister to respond to conflicts of interest raised by the Minority Leader, Haruna Iddrisu.

Dominic Ayine, NDC Member of Parliament for Bolgatanga East, and KT Hammond, NPP Member of Parliament for Adansi-Asokwa, will co-chair the committee, which must report to the House within seven (7) days.

But in the opinion of the lawyer, ”Though Order 106 permits reference of a censure motion to a Committee, I hold the view that such referral be appropriately confined to the motion for removal of the President and Vice President.

The reason is that Article 69 sets out the grounds for removal of the President which may be inquired into in cases of no or insufficient evidence.

In the case of removal of a Minister or Deputy Minister, no such grounds have been stated. The implication is that Parliament can pass a vote of censorship against a Minister or Deputy Minister without citing any reason or adducing any evidence to establish the existence or non-existence of any ground. Hence, nothing to be inquired into by a committee.”