GhanaLegalNewsPolitics

Osei-Owusu: I’ve been vindicated by Supreme Court ruling

The First Deputy Speaker says he has been proved right by the Supreme Court ruling on the decision he took to count himself to form a quorum in Parliament

The First Deputy Speaker of Parliament, Joseph Osei-Owusu, says he has been vindicated by the ruling of the Supreme Court on whether presiding Deputy Speakers have voting rights and can form a quorum.

The MP for Bekwai said the ability of presiding Deputy Speakers to form a quorum has always been a legal provision, but had never been activated in previous parliaments because of the clear difference in the past between the the two main political parties.

Engaging the press in Parliament after the ruling, Osei-Owusu said: “I’m glad that the decision practically affirms the position I took. There’s still some misrepresentation as to whether I participated in the vote itself on the night of 30 January; that, I must emphasise, anybody who is in doubt can go back and look at the clip.

“It was a voice vote and I did not participate in the voice vote. But I insisted that I should be counted as a Member of Parliament present to constitute the quorum before the decision was taken.

“Indeed, this decision [the Supreme Court ruling of 9 March affirms that position that I took. I find that very refreshing.

“Matters that have never arisen are now in the fore because of the numbers we have in the chambers, so any time there’s disagreement, as I’ve said already, I’ll interpret the rule and the law as I understand it.

“I encourage people who disagree with me to boldly state their position and, if need be, refer it to the appropriate body [such as] the Supreme Court to guide us.”

Listen to Osei-Owusu in the attached audio below:

 

 

 

Deputy Speakers can vote

A seven-member Supreme Court panel presided over by Justice Jones Victor Mawulorm Dotse has declared, unanimously, that the two deputy Speakers of Parliament remain Members of Parliament when they are presiding and that they can vote and be counted as present for the purposes of decision-making in the House.

The Supreme Court ruled that Order 109 (3) of the Standing Orders of Parliament, which states that “a Deputy Speaker or any other member presiding shall not retain his original vote while presiding”, is unconstitutional and struck out the order as unconstitutional.

The court further ruled that the full reasons for its decision will be filed at the Registry of the Court by close of day on Friday 11 March 2022.

Plaintiff’s case

Justice Abdulai, a law lecturer at the University of Professional Studies, Accra (UPSA), brought the matter for consideration at the Supreme.

He instituted the court action, seeking a declaration by the Supreme Court that it was unconstitutional for the First Deputy Speaker of Parliament, Joseph Osei-Owusu, to have counted himself for the purpose of making up the quorum of half of the Members of Parliament (MPs), required by Article 104 (1), when Parliament approved the 2022 Budget Statement and Economic Policy of Government on 30 November 2021.

Nicholas Brown

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Nicholas Brown

I am a multi-media journo with Asaase Radio. I tell stories that shape the difficulties of life. Let's talk about anything acting, stage direction and making an impact.

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