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Supreme Court Ruling On Deputy Speakers’ Right To Vote: Plaintiff Files For Review | Politics

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A lawyer, Justice Abdulai, has filed a review urging the Supreme Court to set aside its judgment that gave Deputy Speakers presiding over proceedings in Parliament the right to vote and be part of the quorum for decision making in the House.

Mr Abdulai, who was the plaintiff in the suit, is of the view that the court committed certain errors of law in its March 9, 2022 decision which “led to a grave miscarriage of justice on the people of the Republic of Ghana.”

Judgment

In a unanimous decision on March 9, 2022, a seven-member panel of the apex court held that a Deputy Speaker of Parliament presiding over proceedings in the House has the right to vote on matters for determination, and also be counted as part of the quorum for decision-making.

Consequently, it ruled as valid the passage of the 2022 budget by Parliament on November 30, 2021 during which the First Deputy Speaker, Mr Joseph Osei-Owusu, who was presiding, counted himself as part of the quorum that made that decision.

Also, the Supreme Court declared as unconstitutional, Order 109 (3) of the Standing Orders of Parliament which barred a Deputy Speaker, who is presiding over proceedings, from voting on any issue for determination.

It was the considered view of the court that Deputy Speakers were Members of Parliament (MPs) elected as representatives of constituencies, and, therefore, causing them to lose their casting vote would amount to disenfranchising their constituents in Parliament.

It held that whereas Article 102 prevented any person presiding, either Speaker or Deputy Speaker, from being part of the quorum for business of the House, Article 104(1) prevented only the person elected as Speaker and not the Deputies from forming part of that quorum.

Reasons for review

In his review application, Mr Abdulai is of the contention that the court failed to fully take into consideration Articles 295(2) and 297 (h) of the 1992 Constitution in its judgment.

Article 295 (2) stipulates that any reference to an office holder, “shall, unless the context otherwise requires” include anybody acting or “performing the function of that office”, while Article 297(h) provides that powers allowing a public officer to do something or in relation to him also apply to “ his successors in office and all his deputies or other assistants.”

Based on the above constitutional provisions, the applicant is of the view that since the Speaker is barred from voting and being part of the quorum, his Deputies are also disqualified from doing same.

Mr Abdulai also argues that the court failed to fully appreciate the saving clause “except as otherwise provided in this constitution” in Article 104 (1) of the 1992 Constitution, the provision which the court interpreted to mean Deputy Speakers presiding over proceedings can vote and be part of the quorum for decision.

It is his contention that the court should have applied the saving clause in Article 104(1) to Article 102 of the 1992 Constitution and concluded that Deputy Speakers when presiding cannot be part of the quorum for decision making.

Again, he contends that the 1992 Constitution did not expressly make provision for a Deputy Speaker to vote or be part of a quorum when presiding over proceedings in Parliament.

In view of that he is arguing that it was wrong for the court to have struck out Order 109 (3) of the Standing Orders of Parliament as unconstitutional, when Article 298 of the 1992 constitution stipulates that Parliament can, without breaching the constitution, make laws to fill gaps in the constitution.

Source: graphiconline.com

 

 

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‘Mr Dumsor’ Was An Unfair Nickname Given To Me By Ghanaians – John Mahama | Politics

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Former president, John Dramani Mahama, has admitted to being unhappy Ghanaians branded him with the nickname “Mr Dumsor” also known as ‘Mr Power Cut’.

During the tenure of John Mahama under the National Democratic Congress, the nation was plunged into a peak power crisis that lasted years for almost three years.

Reacting to the nickname for the first time in an interview with Uganda-based NBS Television, the former president described it as ‘unfair’ on the part of Ghanaians to brand him as such.

“Yeah it was!,” he admitted.

“What you are referring to is the actual energy crisis Ghana went through, the actual cause of the energy crisis was the lack of investment over the years by previous governments in generation. Ghana’s consumption in terms of electricity consumption had been rising about 12% per annum,” he said this when explaining the reasons for the power crisis at the time.

Meanwhile, other reputable outlets such as the BBC had earlier referenced John Mahama’s second bid to contest in the 2016 general elections with a headline; “Ghana election: Can ‘Mr Power Cut’ John Mahama win a second term?”

The persistent power crisis also known as ‘Dumsor’ which was unbearable, unpredictable and tough for many citizens at the time quickly became a household name in the country.

The situation culminated in the collapse of many businesses and livelihoods in the country.

 

 

Disclaimer: Opinions expressed here are those of the writers and do not reflect those of Peacefmonline.com. Peacefmonline.com accepts no responsibility legal or otherwise for their accuracy of content. Please report any inappropriate content to us, and we will evaluate it as a matter of priority.

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Political Campaigning That Impacts Local Industry; Awhendze Pa Nkasa –  | Politics

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Political campaigns whether internal or across the divide in our country tends to focus on the negative. It is often a platform for competitors to put themselves ahead of others by selling their high points and downgrading their opponents, if they can. This mode of campaigning, which predates the country’s independence has characterized every quest for leadership, since attaining nationhood.

Campaigns under the Fourth Republic have been anything but different. Candidates seek out their opponents and attempt to run them down in order to secure the will of the electorates. This unorthodoxy that characterizes political organization, though criticized is yet to leave the country’s political space.

As the ruling New Patriotic Party opened nominations for leadership across the hierarchies of the party, a new wind is blowing in the Western Region, which has seen a local fabric brand marketed across the length and breadth of the resource-rich region of Ghana.

Wherever you find a particular candidate, the refrain from party sympathizers and onlookers has been “awhendze pa nkasa,” to wit, “quality beads do not rattle”. The refrain isn’t an empty one. It is predicated on the adornment of the candidate, who long before his nomination was approved by the party hierarchy in the region adopted not just the expression but the local fabric with that insignia and has made it his campaign attire, sporting different shades of it at all public events.

“Awhendze pa nkasa” evokes an understanding of quality. Quality that one believes must permeate every aspect of our life. It’s a belief that detailed oriented leadership, must take precedence over mediocrity. That leadership must inure to the benefit of the people and that leaders must truly serve their people in honesty and civility.

That is what Charles COBBINA, Western Regional Secretary hopeful of the New Patriotic Party represents. His choice of “Awhendze pa nkasa” as the campaign cloth was a demonstration of his belief in Ghana and its traditions. As a marketing professional, he understands the essence of branding and associated himself with a brand that he believes exemplified the sort of leadership that he intends to bring to bear should delegates of the ruling party in the region bless him with their votes come May 28, 2022.

Mr. COBBINA insists that the party at this time need not dwell on emotions, if it is to break the eight. The partyleadership requires competence, experience, maturity and innovation at all levels to secure the much-needed victory in the 2024 general elections.

Source: Peacefmonline

 

 

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NDC Suspends Constituency Chairman For Issuing Fake Party ID Cards | Politics

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The National Democratic Congress (NDC) has suspended the Constituency Chairman of Amasaman, Winfred Kofi Zoryiku, for issuing fake party Membership Cards.

According to a letter signed by the General Secretary of the party, Johnson Aseidu Nketia, popularly known as General Mosquito, Mr. Zoryiku admitted to printing, issuing and distributing fake ID Cards after “they were intercepted on the field”.

“You Mr Winfred K. Zoryiku, as chairman of the Constituency, was specifically accused of printing, issuing and distributing fake membership ID cards. When copies of these cards were intercepted on the field and traced to you, you admitted to the offence….”

“You are therefore by this letter to take note…that your membership of the NDC is suspended pending the hearing and final determination of the matter” portions of the statement read.

Read the full statement below

Source: Peacefmonline.com

 

 

Disclaimer: Opinions expressed here are those of the writers and do not reflect those of Peacefmonline.com. Peacefmonline.com accepts no responsibility legal or otherwise for their accuracy of content. Please report any inappropriate content to us, and we will evaluate it as a matter of priority.

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