President Addo Dankwa Akufo-Addo’s positions on the Criminal Offences Amendment and the Ghana Armed Forces Bills have been rejected by the Speaker of Parliament, Alban Sumana Kingsford Bagbin.
Citing the President’s response on the Bills which contained his reasons for failing to assent to it, the Speaker indicated that the head of the Executive was ill-informed on the bills passed Tuesday, July 25, 2023.
According to the President, there were constitutional lapses for which reason he could not assent to the documents.
In the letter read in the House of Parliament by the Speaker on December 4, he was referred by the President on a meeting they had concerning the bills on November 28, where he disclosed his challenges with the three Amendments.
In the letter, the President noted that the three bills; the Criminal Offenses Amendment Bill 2023, Criminal Offences Amendment number 2 Bill 2023, and the Armed Forces Amendment Bill 2023, should have been presented either by him or on his behalf, rather than coming to the House as private members’ bills.
“During our conversation, I raised specific constitutional concerns regarding these bills related to Article 108 of the Constitution, particularly the nature of these bills which were introduced into Parliament as private members’ bills rather than being presented by me or on my behalf….”
“As I indicated the content of these bills have my support, but we need to ensure that they are enacted in line with established constitutional and legislative process. After thorough consideration and in light of the constitutional issue I pointed out during our meeting, I am unable to assent to these bills.
“The concerns raised are significant and have profound implications for the constitutional integrity of these legislative actions. Any legislation we pass must be in complete alignment with the provisions of our Constitution. I intend to have these bills reintroduced in Parliament on my behalf in due course,” the President noted in his letter concerning the Criminal Offences Bills.
On the Armed Forces Bill, the President stated that it would have implications on the Consolidated Fund and potential breaches of Article 108 of the Constitution.
Meanwhile, Speaker Alban Bagbin in his reaction said the President got it wrong and that the House disagree with him.
“Vehemently, we disagree with the position taken by the President. The President has gotten it tragically wrong and I will submit in the form of a statement under article 53 my position in this matter and allow members of the House to make comments so that we can take a clear position in this matter.
“And I will do so during this week. The President has not been properly advised. The President has not been properly informed about the processes this bill has gone through. So I will submit a detailed write-up on it for members to make their comments but I am very clear that this message and the contents are irregular, wrongful and unconstitutional.
“The responsibility to decide whether a bill should come from a private member or not rests on the person presiding. The procedure in the Act clearly states what the President is expected to do. It is not for the President to decide on the constitutionality or otherwise of a bill that has been presented and considered by Parliament. This power of Parliament will not be taken away by any executive authority,” the Speaker pointed out.
