The Speaker of Parliament, Alban Bagbin, has threatened to drag President Nana Addo Dankwa Akufo-Addo to court over his refusal to sign the Criminal Offences Bill of 2022, the Witchcraft Bill, and the Armed Forces Bill of 2023.
According to the Speaker, “I want to end by assuring you that I will be in touch with my good friend the President, His Excellency Nana Addo Dankwa Akufo-Addo even though I disagree with him in his refusal to assent to our bills and I have given notice that we will be in court about this matter”.
President Akufo-Addo has explained that even though the contents of the Criminal Offences (Amendment) Bill, 2022, (Witchcraft bill) and the Armed Forces (Amendment) Bill, 2023 have his support, he cannot assent to them because of constitutional issues.
According to the President, the way and manner the two bills were prepared flouts Article 108 of the 1992 Ghana Constitution and he, therefore, cannot assent to them due to the constitutional issues.
“After thorough consideration in the light of constitutional issues, I’m unable to assent to these bills. The content of these bills have my support but we need to ensure that they are enacted in line with established constitutional and legislative process,” President Akufo-Addo’s letter to Parliament stated.
But the Speaker said his reactions threatened Court actions and said the President’s citing that the bill will have financial implications is not right because the president, cannot determine the legality of the bill.
He said “The determination of any unconstitutionality is the sole purview of the Supreme Court, not the President. Hence, if there were concerns about Parliament acting beyond its constitutional authority, i.e., acting ultra vires, the appropriate course of action would be an action before the Supreme Court, not an executive declaration of unconstitutionality”.
“Again, the constitutional discretion vested in the presiding officer of Parliament, as per Article 108 and subject to Article 296, suggests that any allegations of misuse of this discretion should be contested in a court of competent jurisdiction, rather than being pre-emptively adjudicated upon by the President”, he added.
Genesis
The Speaker of Parliament, Alban S.K. Bagbin read the letter in the House on Monday morning [December 4, 2023] and explained that during a conversation between him [Speaker] and the President last week, the president raised specific constitutional concerns.
However, the letter said various provisions of the bill require Parliament to reconsider the move to ensure that the bill when enacted will be in alignment with the established constitutional legislative process.
The letter said once the necessary considerations and review were done an action would be taken.
Background
The Criminal Offences (Amendment) Bill, 2022, which is now popularly referred to as the Witchcraft Bill, explicitly criminalises the practice of witchcraft accusation and proscribes the declaration, accusation, naming or labelling of another person as a witch, and its related matters.
The object of the bill is to amend the Criminal Offences Act, of 1960 (Act 29), to prohibit the practice by any person as a witch doctor or witch finder.
It formed part of the broad policy measures to deal with attacks and human rights violations arising out of witchcraft accusations.
The bill was laid in Parliament on March 31, 2023, by the Member of Parliament (MP) for Madina, Francis-Xavier Sosu, on behalf of other co-sponsors.
They are MP for Pusiga, Hajia Laadi Ayii Ayamba; MP for Wa East, Dr Godfred Seidu Jasaw; MP for Krachi, Helen Adjoa Ntoso, and MP for Afram Plains North, Betty Nana Efua Krosbi Mensah.
-BY Daniel Bampoe