The Supreme Court by a unanimous decision settled this contentious issue ruling on Wednesday that a “Deputy Speaker is entitled to be counted as a member of Parliament for quorum” and can as well “vote and take part in the decision of parliament”.
The landmark ruling was given after private legal practitioner, Justice Abdulai, filed a case against the Attorney-General to contest the First Deputy Speaker Joseph Osei-Owusu’s decision to count himself during a vote to approve the 2022 budget.
The apex court also struck down Order 109(3) of the Standing Orders of Parliament as unconstitutional.
The seven member panel that adjudicated the case comprised Justices Jones Dotse, Nene Amegatcher, Prof Ashie Kotey, Mariama Owusu, Lovelace Johnson, Clemence Honyenuga and Emmanuel Kulendi.
Presided over by Justice Jones Dotse, the court also struck down Order 109(3) of the Standing Orders of Parliament as unconstitutional.
A lawyer and law lecturer, Justice Abdullai filed a case against the Attorney General calling on the Supreme Court to interpret Articles 102 and 104 of the 1992 Constitution and declare the action of Mr Osei Owusu as unconstitutional.
He had 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, the Attorney-General (A-G), Mr Godfred Yeboah Dame, in a defence on behalf of the state, argued that there is no express provision in the 1992 Constitution that stopped a Deputy Speaker presiding over proceedings from voting or counting himself as part of MPs present in order to form the right quorum.
Read a copy of the entire ruling below:
