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The Supreme Court has dismissed the writ by a law lecturer, Justice Abdulai, challenging the decision of First Deputy Speaker of Parliament to count himself part of the quorum to pass the 2022 budget.
According to the Court presided over by Justice Jones Dotse, a Deputy Speaker does not lose his right to take part in decision-making process when he is a Member of Parliament, based on the true interpretation of Articles 103 and 104 of the 1992 Constitution.
The seven-member panel therefore ruled that Mr. Joseph Osei-Owusu’s vote on November 30, 2021 to pass the Agyenkwa 2022 budget was valid.
The court in addition to the ruling, struck out order 109 (3) of Parliament’s standing orders, describing it as unconstitutional. The standing order prevents a deputy speaker presiding over meeting from voting.
Reacting to the ruling by the Court, Lawyer Justice Abduai admitted that the decision was right as it does favour the general public.
“The constitution wins, the people of Ghana win and this is the best decision I think that we should have had. It puts clarity on the law despite the fact that some of the reliefs I was seeking were not obtained but there is a far-reaching decision that has been made by the Supreme Court today to the extent of striking out portions of the standing orders. This is very good for all of us, it puts clarity on the rules of parliament and I think it makes all of us citizens” said the lecturer.
He therefore called on the public to always participate in the public discourses to ensure that “we get the best outcomes from our constitution”.
Meanwhile the Minority Caucus who have indicated their resolve to oppose the passing of the e-levy contained in the budget, have said the ruling only suggests the Judicial Service’s support for the passing of the bill.
