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We live to see how and who will change Standing Orders per SC ruling - Sam George

Sam George Mp Parliament.jpeg Sam Nartey George, MP for Ningo Prampram

Sun, 13 Mar 2022 Source: www.ghanaweb.com

Supreme Court delivers ruling on voting rights of Deputy Speakers

Akufo-Addo celebrates the ruling

John Mahama, Bagbin describe ruling as absurd


Ningo Prampram Member of Parliament, Sam George, has described the ruling of the Supreme Court in the matter of voting rights of Deputy Speakers as 'legal hubris' citing a portion of the final ruling.

He observed that the Supreme Court in its directives as Parliament to in and of itself amend portions of its Standing Orders that the court struck out as unconstitutional in its unanimous ruling of March 9.

In commenting on the views that the House needed to amend its own rules, he said: "This succinctly explains and exposes the absurd and illogical reasoning of the judgement from the apex court.

"It in essence amounts to legal hubris since the court admits that it is up to Parliament to make changes to its Standing Orders. We live to see how those changes will be effected and by whom."

He continued that the Minority in Parliament and the opposition National Democratic Congress will continue to "protect the sanctity of the Chamber and the independence of the Legislature. GOD bless our Homeland, Ghana," his Facebook post of March 12, 2022 concluded.

His post was in reaction to a post shared by Sammy Gyamfi, the NDC's National Director of Communications, who averred that despite the ruling, the Deputy Speakers will not be able to vote until the 'new' Standing Orders are adopted.

Sammy Gyamfi, himself a lawyer, after quoting portions of the ruling relative to amendment of Standing Orders noted thus: "It is very clear from the above, that until Parliament itself amend its standing orders or adopt new parliamentary practices and/or procedural or operational rules to implement the absurd decision of the Supreme Court that a Deputy Speaker can vote while presiding, NO DEPUTY SPEAKER CAN VOTE IN THE HOUSE.

"Now let’s see how the Attorney General and Minister for Injustice, Godfred Yeboah Dame will get the Rt. Hon. Speaker and the fearless and gallant 137 NDC members of Parliament to do this."



Background

Following controversy over the rejection and later approval of the 2022 budget by one-sided Caucuses of the 8th Parliament, a private legal practitioner, Justice Abdulai, filed a case against at the Attorney General at the Supreme Court.

He prayed the Court to interpret two Articles - 102 and 104 - of the 1992 Constitution and by so doing to declare the proceedings in Parliament on November 30, 2021, which led to the passage of the 2022 Budget and Economic Policy as unconstitutional.

He specifically cited the fact that the Presiding Speaker, First Deputy Speaker, Joseph Osei-Owusu, had counted his vote despite acting as Speaker.

However, in defence of the State, the Attorney-General, Godfred Yeboah Dame, argued that there was no express provision in the 1992 Constitution that stops a Deputy Speaker presiding over proceedings from voting or counting himself as part of MPs present to form the right quorum.

The Minority have expressly rejected the decision with Leader Haruna Iddrisu referring to it as repugnant to the provisions in Article 102 and 104.

“The Court’s ruling aptly captures the judicial support for the Electronic Transaction Levy (E-levy), for a struggling economy in destress,” he said.

“The Judiciary of Ghana is also failing Ghana’s parliamentary democracy in their inability to appreciate the true meaning of Article 110 of the 1992 Constitution that Parliament shall, by Standing Orders, regulate its own proceedings.”

Read the full ruling of the Supreme Court below:

Source: www.ghanaweb.com
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