Professor Stephen Kwaku Asare, popularly known as Kwaku Azar, a KPMG Professor of Accounting at the University of Florida has said the absence of parliament in the Supreme Court hearing on the voting right of a Deputy Speaker whiles presiding over the House was very problematic.
Speaking on the ‘AM show’ on Joy News March 14, he stated that parliament’s absence in the apex court hearing of the matter is a procedural defect and renders nugatory the entire proceedings and the implementation of the ruling of the court in Parliament.
His words were following a question posed to him by the host, Samson Lardy Ayenini on how the absence of parliament which he (Kwaku Azar) believes was wrong negates the ruling of the apex court.
“A procedural defect such as you have described will render the proceedings nugatory because the interest here is parliament and in civil procedure, we will call parliament an indispensable party. An indispensable party is one that is needed to issue a judgment on the case,” he told the host.
He compared the absence of parliament with an example he cited. “Samson it’s almost like me suing you that your house belongs to me but then you are not a party to that suit and so I go sue somebody who has no interest or direct interest in the house and the court without hearing from decides that yes the house does not belong to Samson. It’s unheard of. It is a procedural defect that as I said rendered nugatory the total proceedings.”
He stated that any person in the review of the ruling could contest on the basis that parliament’s absence rendered the judgment nugatory.
The Supreme Court on March 9 reaffirmed First Deputy Speaker Joseph Osei Owusu’s ability to preside over parliamentary proceedings and vote at the same time.
The ruling has since been heavily frowned upon by the minority with some law makers and stakeholders putting the 1992 constitution and the standing orders of parliament side by side.
