Private legal practitioner, Martin Luther Kpebu, has expressed why the clash between the Speaker of Parliament and the President is an antidote for Ghana’s democracy. He says the current situation will help resolve many ills in the system of government being practiced in the country.
According to him, the President’s recalcitrance over the years gives an impression that the Executive has absolute control over the other arms of government which is what the Legislature is drawing his attention to.
Speaking on the KeyPoints with Alfred Ocansey Saturday, March 23, 2024, Mr. Kpebu indicated that the situation helps to put the President in check, thereby seeing nothing wrong with the ongoing tussle.
“I’m in support of what’s going on because it is shaping our democracy well. From time to time you need a bit of confrontation. If there is a President that hardly listens to the populace, you need things like this to put him in check.
“So, this particular incident is a good riddance. It helps us to show him a bit that it’s not as if all the powers in Article 58; you can just walk rough shoulder with Parliament and everybody in Ghana so it is really good,” he noted.
“So, if I see people saying this is toxic, I ask are these people not in Ghana or they are die-hard supporters of the government,” the renowned lawyer expressed.
He continued that the Executive powers granted the President by the Constitution does not mean he should ignore the cooperation and interdependence needed by the arms of government to operate.
“President Akufo-Addo has to be checked because just because the Article 58 says that the Executive power is in the President etc but should need the cooperation of other Arms of Government so all the cases under separation of powers, there is also cooperation and interdependence etc,” he added.
Akufo-Addo’s response to Anti-Gay bill a deliberate attempt to ‘frustrate the process’ – Srem Sai
The Speaker of Parliament, Alban Sumana Kingsford Bagbin, on Wednesday, March 20, 2024, said Parliament would not consider the ministerial nominees of President Addo Dankwa Akufo-Addo until after the Supreme Court has finished hearing the suit against the appointees.
Speaker Bagbin made the statement in Parliament in relation to a letter from the Executive Secretary to the President, Nana Bediatuo Asante, directing the Clerk of Parliament not to transmit the Bill to the Presidency for assent.
“In alignment with our constitutional mandates and the principles of good governance, it is essential for the President to adhere to the lawful course of action by accepting the transmission of the bill. Upon receipt, the President has the constitutionally provided options to assent to the bill, refuse it, or seek further consultation, as deemed necessary. As we move forward, it is the collective responsibility of all branches of government, and indeed all citizens, to uphold the constitution and ensure that our democratic practices are not only preserved but strengthened.
“The current impasse presents an opportunity for reflection and reaffirmation of our commitment to the principles of democracy, rule of law, and the unequivocal respect for the legislative process that forms the bedrock of our nation’s governance. I reiterate that the refusal to even accept the bill for consideration falls outside the legal bounds established by our constitutional framework. It is incumbent upon the President to accept the bill and take the necessary action within the prescribed constitutional limits, whether that action is assent, refusal, or referral to the Council of State for advice.
“Article 106(7) says ‘Where a bill passed by Parliament is presented to the President for assent, he shall signify within seven days after the presentation, to the Speaker that he assets to the bill or that he refuses to assent to bill, unless the bill has been referred by the President to the Council of State under article 90 of this Constitution’. The Parliament of Ghana will comply with the existing legal framework and reject the attempts by the Executive Secretary of the President, through his contemptuous letter, to instruct the Clerk to Parliament, an Officer of Parliament whose position is recognizably under the Constitution. We shall not cease and desist!
“Be that as it may, Hon Members, I also bring to your attention, the receipt of a process from the Courts titled Rockson-Nelson Etse K. Dafeamekpor vrs. The Speaker of Parliament and the Attorney -General ( Suit no. J1/12/2024) which process was served on the 19th of March 2024 and an injunction motion on notice seeking to restrain the Speaker from proceeding with the vetting and approval of the names of the persons submitted by His Excellency the President until the provisions of the constitution are satisfied.
“Hon. Members in the light of this process, the House is unable to continue to consider the nominations of His Excellency the President in the “spirit of upholding the rule of law “ until after the determination of the application for interlocutory injunction by the Supreme Court,” he said.
Full text: Attorney-General responds to Bagbin on Anti-Gay Bill
