THE EMERGENCY legislation enabling the President to impose restrictions in the event of a disaster, emergency and similar circumstance to ensure public safety and protection has been cleared by Parliament and is set to become law.
Members of Parliament (MPs) from both sides approved the Imposition of Restrictions Bill, 2020 after two consecutive days of heated debate.
The Minority members initially expressed misgivings about the crafting of the bill, which they said was too broad and not narrowly specific on the coronavirus (COVID-19) pandemic.
Minority Leader Haruna Iddrisu argued that the bill was giving unfettered powers to the President and that could be subject to abuse.
He finally supported the bill but criticized the timetable for its passage through Parliament.
But his fear was assuaged by the Majority Leader, Osei Kyei-Mensah-Bonsu, who explained that the bill was purposed to be futuristic in order to provide a broad framework for the current and future emergencies.
He said the bill needed to be rushed through to maintain the President’s existing powers on the directives to suspend all public and social gatherings in the country after the outbreak of the novel COVID-19 in country.
Ghana recorded its first two cases of the COVID-19 on March 12, 2020, and the number of confirmed cases had since shot up to 16 as of the time of passing the bill on the night of Friday, March 20.
As part of government’s responses to deal with the pandemic, President Akufo-Addo announced a number of directives on March 15, which, among others, imposed certain temporary measures towards combating the disease.
The President further directed the Attorney General (AG) to introduce legislation in Parliament to give effect to those directives.
The Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs, Ben Abdallah Banda, told the House that by a letter dated March 18, the AG, Gloria Afua Akuffo, secured executive approval authorizing the laying in Parliament of the Imposition of Restrictions Bill, 2020, which she accordingly laid on the same day for its passage.
Provision of the bill
According to him, the bill consists of five clauses, and that the clause one states the object of the bill, while clause two provides for the imposition of restrictions by the President by means of an Executive Instrument.
The Committee Chairman, who is also the MP for Offinso South, narrated that the clause three of the bill specifies the circumstances under which the restrictions may be imposed in accordance with paragraphs (c), (d) and (e) of Clause (4) of Article 21 of the 1992 Constitution.
The Article 21 Clause (4) says: (c) by reason of its being in a dangerous state or injurious to the health of human being, animals or plants; or
(d) in consequence of any law with respect to the limitation of actions; or
(e) for so long as may be necessary for the carrying out of work on any land for the purpose of the provision of public facilities or utilities, except that where any damage results from any such work there shall be paid appropriate compensation.
The power of the President to provide for exemptions on certain persons or geographic areas is contained under Clause (4), while Clause (5) provides for the interpretation of the phrase “essential services” as used in the bill.
Without wasting much time, President Akufo-Addo has since assented to the bill which came to Parliament under a certificate of urgency to become law.
By Ernest Kofi Adu, Parliament House