The Member of Parliament for Dormaa East, Paul Apraku Twum Barimah has condemned the opposition National Democratic Congress of playing double standards and disrespecting the Supreme court after running to the Apex court to prevent President Akufo Addo from assenting to the Electronic Transaction Levy days after its members used unprintable words to criticise its ruling on the role of the deputy speaker of Parliament .
Speaking to the Media an interview at the Parliament House, Paul Twum Barimah described the agenda of the NDC to malign and destroy the image and reputation of the Supreme Court as worrying and told them to stop.
“It’s sad that some senior members of the NDC who days ago were out in the media insulting the Supreme court and using unprintable words to describe the ruling of the Apex court would today run to the same court. This act of double standards is dangerous for our democracy. This proves that the NDC has lost credibility due to their incessant and unnecessary attacks on credible state institutions like the Supreme Court and Judges.
The opposition National Democratic Congress Minority in Parliament yesterday filed a suit at the Supreme Court to prevent President Akufo-Addo from assenting to the E-levy bill.
The Minority Leader Haruna Iddrisu is leading the charge for the Stay of Execution suit and is being supported by Mahama Ayariga and Samuel Okudzeto Ablakwa.
The Minority who opposed the Supreme Court’s ruling on the Deputy Speakers’ voting rights are now using the same Supreme Court judgement as a basis in making a case on the passage of the controversial Electronic Levy Transactions.
The E-levy was passed by Parliament on Tuesday, March 29 after the third reading in the House. The Minority staged a walkout during the second reading on the E-levy. They walked out after Mr. Iddrisu said the NDC MPs remain united in opposing the policy. Finance Minister Ken Ofori-Atta on Tuesday, March 29 moved a motion for the passage of the E-levy in Parliament.
It will be recalled that The Supreme Court on 9th March 2022 ruled that a Deputy Speaker of Parliament could be counted during the formation of a quorum for parliamentary decision-making and participation in voting while presiding.
The Court presided over by Justice Jones Dotse, therefore, affirmed the approval of the 2022 budget without NDC MPs’ participation.
This was after a Private Legal Practitioner, Justice Abdulai filed the case against the Attorney General.
He had asked the Supreme Court to interpret Articles 102 and 104 of the 1992 Constitution and declare the action of Mr Osei Owusu as unconstitutional.
He also wanted the Supreme Court to declare the whole proceedings in Parliament on November 30, 2021, which led to the passage of the 2022 budget as unconstitutional insisting the Deputy Speaker should not have counted himself as an MP when he presided over proceedings.
However, in defence on behalf of the state, the Attorney-General (A-G), Godfred Yeboah Dame, argued that no express provision in the 1992 Constitution stops a Deputy Speaker presiding over proceedings from voting or counting himself as part of MPs present to form the right quorum.
He argued that the quorum in Parliament formed under Article 102 is different from the quorum formed under Article 104 of the 1992 Constitution. He stated that the quorum under Article 102 is for the conduct of business in Parliament, and that is why Article 102 provides that it should be one-third of members. “Given that Parliament presently is made up of 275 members, the quorum under Article 102 for the conduct of its business is 92 MPs,” the A-G submitted.
According to the A-G, based on the clear provision of Article 102, any person presiding, either the Speaker or Deputy Speakers, is precluded from being part of that quorum. On the other hand, the A-G believes that the quorum under Article 104 (1), which deals with the determination of matters through voting in Parliament, requires at least half of all MPs, and such a quorum is not the same as the one in Article 102.
Mr Dame contends that unlike Article 102, which precludes a “person presiding” from being part of the quorum, Article 104 (2) precludes explicitly “The Speaker”. The A-G, therefore, holds the position that only the person elected as “The Speaker” of Parliament is barred from forming part of the quorum under Article 104 when presiding, and not the Deputy Speakers who preside over proceedings. The Apex Court comprising Justices Jones Dotse, Nene Amegatcher, Prof Ashie Kotey, Mariama Owusu, Lovelace Johnson, Clemence Honyenuga, and Emmanuel Kulendi affirmed the arguments of the Attorney General.
The court also struck out portions of the standing orders of parliament which reads. “A Deputy Speaker or any other member presiding shall not retain his original vote while presiding.”
