Supreme court decision should quell dispute in the House

President Nana Addo Dankwa Akufo-Addo says the affirmation by the Supreme Court that the Deputy Speakers of Parliament do not lose their right to vote when presiding over legislative proceedings should quell the dispute in the House.

Speaking on the sidelines of the Dubai Expo 2020, he noted that the legislative powers vested in Parliament, just like every other organ of the State, was subject to the provisions of the Constitution, stating that “I am happy that the Supreme Court has emphatically and unanimously declared the meaning of the Constitution.”

The Supreme Court in a landmark ruling on Wednesday struck down Order 109 (3) of the Standing Orders of Parliament that provides that a Deputy Speaker or any other member of Parliament presiding over the business of the House shall not retain his or her original vote while presiding, describing it as “unconstitutional.”

The apex court declared that a Deputy Speaker of Parliament, or any other member of the Legislature presiding over business of the House, did not lose his or her right to vote, and formed part of the quorum for decision making in the House.

President Akufo-Addo said the uproar generated by voting rights of the Deputy Speakers of Parliament when presiding in the House’s chamber was pointless, because the Constitution, Articles 102 and 104, were emphatic on their right to participate in any vote of Parliament.

“As far as I can see it, and I think the Supreme Court has confirmed it, the matters involved in this are open and shut, they are black and white. There can be no dispute about the issues that the gentleman took to the Supreme Court.”

“Indeed, and I believe that is part of the reasoning of the Court, all the Legislatures of the world, where the presiding person is a Member of the Legislature, like our Deputy Speakers are, like the Speaker of the House of Representatives in the United States of America or the President pro tempore of the Senate in the United States, or the Speaker of the British Parliament, all of those have the right to speak because they are Members of the Assembly.

“Once you’re a member of the Assembly, and you’re representing certain constituencies, if you are denied your right to vote, it is tantamount to denying the right of the people you represent to have a say in the decisions of the Assembly. That will not be right. So, I could not understand what the furore and controversy that was artificially generated.

“Our Speaker is expressly not a Member of the Assembly, that is why he doesn’t have the right to vote. In fact, he really ought not to participate in the deliberations of the House…he is a referee making sure that the debate is conducted properly, the rule and procedures, or the orders of the House are complied with. That is his role. But he ought, strictly speaking, not to be part of the proceedings of the House. That is not the case with the Deputy Speakers, and that matter is transparent on the face of our Constitution,” the President pointed out.

President Akufo-Addo was definite that the decision of the Supreme Court did not amount to judicial interference in the work of Parliament.

“I am not quite sure people are taking their time to read the constitution of our country …the legislative power vested in parliament is subject to the provisions of the Constitution.

“All organs of the Ghanaian State, including me as the Head of the Executive, we are all subject to the teachings of the Constitution. There is nobody in the Ghanaian State that is above the fundamental rule of the Land.

“We don’t want the concentration of power in an organ of State …we’ve had that experience before and we brought about this Constitution not to allow that to reoccur…”

“To suggest somehow rather that Parliament is beyond the scrutiny of the Supreme Court with issues of interpretation is to suggest that Parliament is a law unto itself. Everybody has his remit, but those remits are subject to the Constitution.
“I want to repeat, me, the President, as Head of the Executive, I am subject to the Constitution and to law… I cannot set myself above it.
“I support the Supreme Court to continue to do its work,” he emphasised.

The President said the ruling of the Supreme Court should end “needless” tussle on a matter that was purely constitutional.

“We now have the opportunity to put this matter to rest and continue the work of our Parliament and the work of the ordering of our State. Now that the Supreme Court has pronounced what is required is for the nation, all of us should put that matter behind us and do our work,” he urged.