Alban Sumana Kingsford Bagbin — Speaker of Parliament
Alban Sumana Kingsford Bagbin — Speaker of Parliament

Speaker disagrees with President on refusal to assent to bills

The Speaker of Parliament, Alban Sumana Kingsford Bagbin, has stated that the reasons assigned by President Nana Addo Dankwa Akufo-Addo for not assenting to the Criminal Offences (Amendment) Bill, 2022, (Witchcraft Bill) and the Armed Forces (Amendment) Bill, 2023, were wrong.

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He said the correspondence from the President and its content were irregular, wrongful and unconstitutional.

Speaking on the floor of Parliament, Mr Bagbin said the correspondence from the President showed that he (the President) “has not been properly advised and informed of the process these bills had gone through,” adding that the Constitution was clear on what the President should do on the matter.

Context

In a detailed letter to Parliament last Monday on his refusal to assent to the bills, the President insisted the bills had constitutional challenges apart from the fact that they did not emanate from him or on his behalf.

It said much as he agreed with the content of the bills, specific constitutional concerns regarding the bills related to Article 108, "particularly the nature of these bills, which were introduced to Parliament as private members’ bills rather than being presented by or on my behalf".

Article 108 of the Constitution provides that Parliament shall not proceed upon a bill that in the opinion of the person presiding imposes a charge on the Consolidated Fund or other Public Funds.

In his opinion, the President said, such bills should be accompanied by detailed financial implications and their burden on the Consolidated Fund.

Response

But Mr Bagbin said: "The President got it tragically wrong, and I will submit in the form of statement under Article 53 my position on this matter to allow members of the House to comment during the course of the week.”

"It is not for the President to decide on the constitutionality or otherwise of the bill that has been presented and considered by Parliament.

"The power to Parliament cannot be taken away by any executive authority.

"We cannot backslide by somebody's understanding of what the constitution says without any basis of fact," the Speaker added.

Clash

When the Speaker finished delivering the message from the President, the Majority Leader, Osei Kyei-Mensah-Bonsu, rose to catch his eye to comment on the letter.

The Speaker said much as he recognised the Majority Leader, he was not going to allow any comment.

However, that would be done when he delivered his "verdict" in the course of the week.

That incident nearly resulted in a verbal war as the Speaker instructed the Majority Leader to sit down.

 And when he refused to yield to the Speaker's instruction, Mr Bagbin yelled "Sit down, sit down."

Presser

Apparently, unhappy with the incident, the Majority Leader addressed the media to vent out his frustrations.

He said the Speaker had every right to disagree with the President but should have done it in a decorous and more civil manner.

Sponsors

The bill was laid in Parliament on March 31, 2023, by the Member of Parliament (MP) for Madina, Francis-Xavier Sosu, on behalf of other co-sponsors.

The co-sponsors were the MP for Pusiga, Hajia Laadi Ayii Ayamba; the MP for Wa East, Dr Godfred Seidu Jasaw; the MP for Krachi, Helen Adjoa Ntoso, and the MP for Afram Plains North, Betty Nana Efua Krosbi Mensah.

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