An individual named Richard Sky, has filed a suit at the Supreme Court to challenge Speaker Alban Bagbin’s decision to allow the Minority, in the absence of the Majority in Parliament to vote on the 2022 budget statement and economic policy of government.
According to the plaintiff, the Speaker of Parliament failed to comply with the provision of Article 104(1) of the 1992 Constitution, thus making the rejection of the fiscal policy unconstitutional.
The applicant has, therefore, beseeched the court to declare Parliament’s rejection of the 2022 budget null and void.
On Friday, November 26, the Majority in Parliament staged an unprecedented walkout during the approval of the 2022 budget.
The Speaker, however, proceeded with the deliberations with only the Minority side which ended with the budget being rejected.In view of this, Mr. Sky in his suit has requested for five reliefs from the Supreme Court, three of which are in the form of declarations and two in the form of orders.
Reliefs sought in the second suit
In his second suit which focuses on powers of Deputy Speakers, Mr. Sky wants the apex court to give a declaration that upon a true and proper interpretation of Articles 95(1), 96(1), 101, and 104 (1) and the spirit of the Constitution 1992 of the Republic of Ghana, pertaining to the incidental independence of the Speaker, the term ‘Speaker’ applies to any other person, including a Deputy Speaker, entitled to preside over proceedings to determine any matter in the Parliament of the Republic of Ghana.
“A declaration that upon a true and proper interpretation of Articles 95(1), 96(1), 101, and 104 (1) and the spirit of the Constitution 1992 of the Republic of Ghana, pertaining to the incidental independence of the Speaker, anytime a Deputy Speaker of Parliament or any other Member of Ghana’s Parliament presides over the proceedings of Parliament, he or she forfeits the right to be counted as part of Members of Parliament of Ghana present at the time of the determination of any matter before Parliament.”
He further wants a declaration that upon a true and proper interpretation of Articles 95(1), 96(1), 101, and 104 (1) and the spirit of the Constitution, pertaining to the incidental independence of the Speaker, the First Deputy Speaker of Parliament [Joseph Osei Owusu] knew or ought to have known that on 30th November 2021, when he presided as Speaker of Parliament, he was disqualified from adding himself to the 137 Members of Ghana’s Parliament present in Parliament at the time Parliament was to determine whether or not to approve the 2022 Budget Statement and Economic Policy of the Government of Ghana.
He also wants an Order setting aside the purported vote by Parliament on 30th November 2021, which vote purported to approve the 2022 Budget and Economic Policy Statement of the Government of Ghana for violating the relevant provisions of Article 104(1) and the spirit of the Constitution 1992 of the Republic of Ghana.
