Justice Abdulai
The Private legal practitioner, who initiated an action at the Supreme Court over the rights of deputy Speakers to vote Justice Abdulai, has responded to the Speaker of Parliament, Alban S.K Bagbin request for him to go for review over the ruling of the Supreme Court.
According to the plaintiff in the matter, all those asking him to go for a review of the Supreme Court ruling should support him financially to enable him to execute same.
Alban Bagbin who appeared livid following the ruling by the Supreme Court urged the plaintiff to go for a review of the ruling.
According to him, the ruling was not only an absurdity but a reckless incursion into the remit of Parliament.
In a statement on Friday March 11, 2022, he said “I have resisted the temptation of making a comment on the judgment of the Supreme Court on the issue of the voting rights of Deputy Speakers when presiding. But the unfortunate and myopic comment of the President has compelled me to let it out.
“The SC decision is to say the least, not only an absurdity but a reckless incursion into the remit of Parliament.
“The trend of unanimity is equally troubling. It doesn’t help explore and expand our legal jurisprudence. The President’s comment is myopic and unfortunate. It only goes to worsen the schism between the Executive and Parliament.
“The impartiality of the Speaker, Deputy Speaker or Presiding Officer has been treasured and fought for by this country throughout our democratic development. Mr. President, the issue being discussed is not about Parliament being above the law. Everyone knows that Parliament is not above the law.
“The Executive and the Judiciary are equally not above the law. The issue being discussed is the political question doctrine. It took centuries to detail out the strands of this doctrine and the principles are settled as to when and how this closed book could be opened. Please, I encourage the Plaintiff to go for a review.”
However, Justice Abdulai who appeared on TV3 flagship show dubbed the ‘Key Points’ on Saturday March 12, 2022 which was monitored by DGN Online said “All those urging me, including Speaker Bagbin to go for a review, from the NPP and the NDC, please, I need more money because it is for the national interest.”
Last Wednesday March 9, 2022, the Supreme Court ruled that Deputy Speakers are entitled to be counted as Members of Parliament for purposes of quorum and can take part in a vote while presiding over proceedings in the House.
The suit was filed by a lawyer cum law lecturer, Justice Abdulai, who invited the Supreme Court to pronounce as unconstitutional, First Deputy Speaker, Joseph Osei Owusu’s action of counting himself for the purposes of quorum during the controversial decision to overturn the 2022 budget which had earlier been rejected and thrown out by the Minority side.
Justice Abdulai in his writ argued that in the context of articles 102 and 104 of the 1992 Constitution, the Deputy Speaker was not permitted to count himself for the purposes of quorum, since he had neither an original nor a casting vote as Speaker presiding.
By Vincent Kubi