A seven-member Supreme Court panel presided over by Justice Jones Victor Mawulorm Dotse, has set 16 March 2022 to deliver judgement in the case in which a Ghanaian citizen Richard Sky, is seeking a declaration that the decision of the Speaker of Parliament to allow 137 members of the House to reject the 2022 budget statement and economic policy of government, was unconstitutional, null and void because the decision breached Article 104 of the 1992 constitution.
Parliament presided over by the Rt. Honourable Speaker, Alban Kingsford Somana Bagbin, and consisting of only the Minority side of the eighth parliament (137 out of the total of 275 members), on the 26 November 2021, in a voice vote, purported to reject the 2022 Budget Statement and Economic Policy of the government.
According to the applicant (Richard Sky), the Speaker of Parliament by this action failed to comply with the provisions of Article 104(1) of the Constitution 1992 of the Republic of Ghana which states that “except as otherwise provided in this Constitution, matters in Parliament shall be determined by the votes of the majority of members present and voting, with at least half of all the members of Parliament present”.
In Court
The Supreme Court at its sitting on 1 March 2022, adopted and set down for determination, a joint memorandum of issues filed by the State and the plaintiff/applicant in the matter (Richard Sky).
Lawyer for the applicant, Yaw Oppong, told the court that he relies wholly on the statement of case he filed and that he has nothing more to add.
The Attorney General, Godfred Yeboah Dame, also indicated that the state also relies fully on her statement of case and has nothing useful to be added.
The Supreme Court subsequently ruled that it will deliver judgement in the case on 16 March 2022.
Reliefs sought
In his suit numbered: J1/5/2022, and filed on the 30 November 2021, Richard Sky, is seeking five (5) reliefs from the Supreme Court, three of which are in the form of declarations and two in the form of orders.
First, he is seeking “a declaration that upon a true and proper interpretation of Article 104(1) of the Constitution 1992 of the Republic of Ghana, the Speaker of Parliament shall, unless otherwise required by the Constitution 1992, at all material times ensure that at least half of all the Members of Parliament of Ghana is present in Parliament at the time of a determination of any matter by Parliament.
Second, he is praying the Supreme Court for “a declaration that upon a true and proper interpretation of Article 104(1) of the Constitution 1992 of the Republic of Ghana the Speaker of Parliament’s decision on 26 November 2021 to invite Members of Parliament of Ghana to determine the matter of whether or not to accept or reject the 2022 Budget Statement and Economic Policy of the Government of Ghana, when he knew or ought to have known that at all material times there were less than half of all the Members of Parliament of Ghana present, violated Article 104(1) of the Constitution 1992 of the Republic of Ghana, especially so when the Speaker had announced immediately before the vote was taken that there were 137 Members of Parliament of Ghana present in Parliament out of the total number of 275 Members of Parliament of Ghana”.
The third is “a declaration that upon a true and proper interpretation of Article 104(1) of the Constitution 1992 of the Republic of Ghana, the purported determination by 137 Members of Parliament of Ghana out of the total number of 275 Members of Parliament of Ghana on 26 November 2021, purporting to reject the 2022 Budget Statement and Economic Policy of the Government of Ghana, violated Article 104 (1) of the Constitution 1992 of the Republic of Ghana”.
The fourth relief is “an order setting aside the purported vote by 137 Members of Parliament of Ghana out of the total number of 275 Members of Parliament of Ghana on 26th November 2021, which vote purported to reject the 2022 Budget Statement and Economic Policy of the Government of Ghana, for violating Article 104(1) of the Constitution 1992 of the Republic of Ghana”.
The applicant’s fifth relief sought is “a declaration that the Speaker of Parliament’s failure to comply with the provisions of Article 104(1) of the Constitution 1992 of the Republic of Ghana violated the Speaker’s oath as set out in the Second Schedule of the Constitution 1992 of the Republic of Ghana, which demands of the Speaker of Parliament to uphold, preserve, protect and defend the Constitution of the Republic of Ghana”.
Sky further prays the court to give “any other or further Order(s) and or Direction(s) that” the “Honourable Court may consider appropriate to give effect or enable effect to be given to any Order(s) and or Declaration(s) that may be made by this Honourable Court”.
Wilberforce Asare
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