The Minority in Parliament has said the ruling of the Supreme Court (SC) that a Deputy Speaker of Parliament can be counted to form a quorum and have a right to vote whiles presiding,is “judicial support for E-Levy.”
The seven-member panel presided over by Justice Jones Dotse, yesterday held that the decision by the First Deputy Speaker, Joseph Osei-Owusu, and NPP MP for Bekwai, to count himself to form a quorum at the sitting of Parliament on December 1, 2021, to overturn the rejection of the budget by the House, on November 27, was valid.
But, addressing journalists in Accra yesterday, moments after the apex court’s ruling, the Minority said the decision was “interference” in the affairs of the legislature and “repugnant” to the provisions of Article 102 and 104.
“This is a disappointing ruling amounting to judicial interference in time-tested parliamentary practice and established conventions.Everywhere in the world, in civilised democracies including the United Kingdom, the presiding officer’s vote is discounted.
“It is not for nothing that Article 104 [of the 1992 Constitution] provides that a person presiding shall have no original nor casting vote. To put it aptly, this ruling is a judicial support for E-Levy.,” Minority leader, HarunaIddrisu, said.
He said that matters in Parliament shall be determined by the votes of the majority of members present and voting, with at least half of all the members present, and according to the Constitution in Article 104(2) “The Speaker shall have neither an original nor casting vote.”
MrIddrisu, who is NDC MP for Tamale South, said the minority could not do anything but to stand its ground in rejecting the proposed E-Levy.
“This is a travesty of parliamentary justice and a stab in the growth and development of multi-party constitutional democracy built on the spirit and principles of checks and balances,” he said.
In the view of MrIddrisu, the reasoning by one of the justices that the quorum mentioned in article 102 is different from the quorum in article 104 was intriguing.
He said “We know that for quorum, article 102 is authoritative on the composition of quorum for parliament for purpose of conducting business. We cannot see any material difference in article 102 and 104.”
MrHaruna asked “who would preside over the House when the Speaker is indisposed and the second deputy for unexplained reason is not in the chamber at the time of voting, and the First Deputy Speaker rises to go and vote.”
He noted that “what it would mean is that at that particular time [when the only speaker rises to go and vote] there would be no person presiding over the Parliament of Ghana. This is judicial support for E-Levy.”
On the Electronic Transactions (E-Levy) Bill, Mr Iddrisu said the NDC perpetually remained opposed to it and would ensure it was never passed.
“We remain opposed to it stitch by stitch, clause by clause and article by Article. When it is presented, we will fight back strongly with our 137 members,” he said.
BY JULIUS YAO PETETSI
