Sam Okudzeto: “It makes no sense” to apply for Supreme Court review on Deputy Speakers

Sam Okudzeto, a renowned lawyer and member of the Council of State, has said there is no need for Justice Abdulai to apply for a review on the Supreme Court’s declaration that the two Deputy Speakers of Parliament can vote while presiding in the House.

However, he argued that although Abdulai has the right to seek a review of the ruling, the same judges who sat on the case and delivered a unanimous verdict will be on the panel, with an additional two.

As such, Okudzeto said, it will be a waste of time and will make no sense to apply for a review of the ruling. Abdulai may not understand the procedures of the court, he said.

“Well, perhaps he [Justice Abdulai] may not necessarily understand the mechanism of the court process. I mean, he can apply for a review but the question is that you must understand that these were seven judges that have given the judgment – the highest number of people who can sit on the best at a particular time or on any particular issue is nine.

“And it is not going to be a new fresh panel, it is going to be the same panel, and all they have to do is to add two [judges] …

“Now, by the sensible sense of logic, you ask yourself, if the two come and they differ from the seven, will that make any difference from the issue? Or how do you think that those seven judges that have unanimously decided are going to change their minds?

“To me, it’ll make no sense [to go for a review] because as I said the thing is so clear. The words of the constitution that were interpreted to me were quite clear,” Okudzeto told Beatrice Adu, speaking on The Big Bulletin on Monday [15 March].

Apply for a review of SC ruling

The former president John Dramani Mahama has advised Justice Abdulai to apply for a review on the Supreme Court declaration.

Justice Abdulai, who sent the matter to the apex court, told Asaase Radio the ruling does not allow the two Deputy Speakers to promote the national interest when it comes to making decisions on critical issues.

Mahama, who described the ruling as regrettable, said the plaintiff must go for a review.

“The first vote in most cases taken on a motion in Parliament is a voice vote. The presiding officer, whether the Speaker or any of his/her Deputy Speakers, is supposed to listen to which is the loudest, the ayes or the nays, and make a determination,” the former president posted on Facebook.

“If the Deputy Speakers are allowed to vote, then they must take part, first, in the voice vote. If you are presiding and can shout aye or nay with your party in the voice vote, how do you impartially determine which was the loudest?

“What is the determination of the SC? That Deputy Speakers can shout aye or nay with the side they agree or disagree with in the voice vote? The SC is leading us into the realm of absurdity!

“This judgment is regrettable, and I look forward to the applicant applying for a review of this ruling,” Mahama said.

Nicholas Brown

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