Former President, John Dramani Mahama says the ruling by the Supreme Court to allow a Deputy Speaker the right to vote when presiding over Parliament is shocking.
Though not surprised, the 2020 presidential candidate of the opposition National Democratic Congress (NDC) insists that the latest ruling from the apex court has set a dangerous precedent of judicial interference in Parliamentary procedure.
“A unanimous 7-0? Shocking but not surprising. An unfortunate interpretation for convenience that sets a dangerous precedent of judicial interference in Parliamentary procedure for the future,” John Dramanu Mahama shared in a post on his Twitter page
In a unanimous decision on Wednesday, March 9, 2022, a seven-member panel of the Supreme Court held that upon a true and proper interpretation of Article 103 and 104 of the 1992 Constitution, a Deputy Speaker who happens to be a member of Parliament does not lose his right to take part in decision making in Parliament when sitting in for the Speaker of the House.
In view of the decision, the apex court held that the passing of the budget on November 30, 2021, in which Mr. Joe Osei Owusu, the First Deputy Speaker counted himself as part of the quorum, was valid.
Also, the court struck down order 109(3) of the standing orders of Parliament which prevented a deputy speaker presiding from voting, as unconstitutional.
The court gave the decision as it dismissed a writ by a law lecturer, Justice Abdulai, who was challenging the decision of Mr. Owusu to be counted as part of the quorum to pass the budget.
The unanimous decision was given by Justices Jones Dotse, Nene Amegather, Prof Ashie Kotey, Mariama Owusu, Lovelace Johnson, Clemence Honyenuga, and Yonny Kulendi.
