Politics of Tuesday, 15 March 2022
Source: www.ghanaweb.live
2022-03-15Parliament cannot do 'whatever it likes' - Sam Okudzeto
Sam Okudzeto, Former president of the Ghana Bar Association
Constitutional law clarifies that there must be checks and balances.
Supreme Court decides Joe Wise can vote while presiding
Court strikes out private legal practitioner's writ
A renowned lawyer and member of the Council of State, Sam Okudzeto, has said the perception by people that
Read full articlehref='/GhanaHomePage/people/person.php?ID=3205'>Parliament can do anything they like is wrong.
According to him, though Parliament has the mandate to enact laws, the court can declare them null and void if the laws are inconsistent with the constitution.
"There's some wrong perception that Parliament can do anything they like; they don't have such power. There are certain powers that are limited to the President alone. There are rights given to Parliament to make laws, but if the laws are inconsistent with the constitution, the court will declare it to be null and void," Asaaseradio quoted Okudzeto.
He added that constitutional law makes it clear that there must be checks and balances; therefore, the powers of Parliament are not absolute.
"That's all separation of powers is about. If you understand constitutional law, it talks about checks and balances. And constitutional law makes it clear that there must be checks and balances. It means that one has power, but that power is not absolute; there are limits to it. The President has powers, but those powers are not limitless, and if he goes beyond it, he can be checked," Okudzeto said
There have been a lot of reactions from both the minority and majority after the court ruled that Deputy Speakers could vote and form a quorum while presiding in Parliament.
On March 9, 2022, the supreme court ruled that a Deputy Speaker of Parliament presiding over proceedings has the right to be counted in decision-making and to participate in voting.
The court presided over by Justice Jones Dotse held that the Deputy Speaker does not lose his right to take part in decision-making upon a true and proper interpretation of Article 103 and 104 of the 1992 Constitution.
The unanimous decision was taken after the court dismissed a writ by a law lecturer, Justice Abdulai, who was challenging the decision of Mr Osei-Owusu to be counted as part of the quorum to pass the budget.
The court, therefore, held that the passing of the budget on November 30, 2021, in which 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 that prevented a deputy speaker presiding from voting, ruling it was unconstitutional.
This development got some mixed reactions from both the Minority and Majority. Whilst majority members, including Deputy Speaker Joseph Osei-Owusu, deem it a satisfactory verdict by the Supreme Court, the minority believes the ruling by the highest court of the land amounts to judicial interference.
