The Supreme Court has set March 16, 2022, to decide on whether or not the Majority New Patriotic Party (NPP)’s approval of the 2022 Budget and Economic Policy of the Government last year, was in line with constitutional provisions.
Broadcast journalist, Richard Dela Sky, filed a writ invoking the original jurisdiction of the court challenging the decision of the Majority NPP, to vote to rescind the rejection of the budget by the Minority NDC.
The proceeding to approve the budget was presided over by the First Deputy Speaker of Parliament, Joseph Osei-Owusu, in the absence of NDC MPs and the Speaker, Alban Bagbin, who had who had travelled out of the country for a medical review.
The writ was filed following divergent views on the rejection of the budget on one hand by 137 NDC MPs and on the other hand the reversal of the rejection by 138 NPP MPs including the First Deputy Speaker who doubles as MP for Bekwai.
Drama unfolded when the Minority NDC decided to stay out of the chamber as the Majority Caucus, the NPP annulled the earlier rejection of the budget by the NDC and subsequently approved the same budget in November last year.
The Supreme Court, yesterday adopted the memorandum of agreed issues filed by counsel for the plaintiff and the Attorney General.
Yaw Oppong, counsel for the plaintiff, as well as the Attorney General, Godfred Yeboah Dame, both told the court that they did not have anything to add and wished to rely entirely on their statements of case which have been filed before the court.
A seven-member panel of the court presided over by Justice Jones Dotse and assisted by Justices Nene Amegatcher, Avril Lovelace Johnson, Gertrude Torkornoo, Henrietta Mensah-Bonsu and Yonni Kulendi subsequently adjourned the matter to March 16, 2022, for judgment.
Richard Sky’s writ is challenging the decision by Mr. Osei-Owusu to vote in the determination that led to the approval of the budget when he presided over the affairs in the absence of the Speaker.
It is seeking a declaration that upon a true and proper interpretation of Articles 95(1), 96(1), and 104(1), any time a Deputy Speaker or any other person presides over Parliament in the absence of the Speaker, that person forfeits the right to be counted as a part of the Members of Parliament present for the determination of a matter.
It is also seeking an order to set aside the decision of the 138 NPP MPs which approved the budget in the absence of the Speaker on November 30, 2021.
BY Gibril Abdul Razak