Former President, John Dramani Mahama, has criticised the Supreme Court again, over its ruling on Wednesday, March 9, 2022. In a post on Thursday, the NDC 2020 flagbearer said, “If Deputy Speakers, because they are Members of Parliament, can vote while presiding as Speaker, they could as well be able to participate in any debate on the floor over which they are presiding. This is the absurdity into which the Supreme Court ruling leads us”.
Mr. Mahama’s reactions on Thursday, adds to his earlier concerns where he stated that the Supreme Court’s unanimous ruling that Deputy Speakers can vote while presiding sets a dangerous precedent for the country’s Parliamentary procedure. He described the verdict by the Court as “shocking but not surprising.”
According to him, the Wednesday ruling was “an unfortunate interpretation for convenience that sets a dangerous precedent of judicial interference in Parliamentary procedure for the future.”
The Supreme Court presided over by Justice Jones Dotse ruled that a Deputy Speaker can be counted during the formation of a quorum for Parliamentary decision-making and participate in voting while presiding over the parliamentary business.
The landmark judgement 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.
But Mr Mahama believes the 7-0 ruling affects the independence of the legislative arm of government and may affect future deliberations in the House.
Justice Abdulai had also asked the Supreme Court to interpret Articles 102 and 104 of the 1992 Constitution and declare the action of Mr Osei-Owusu as unconstitutional.
Subsequently, the Court struck down Order 109(3) of the Standing Orders of Parliament and described it as unconstitutional.
