President Addo Dankwa Akufo-Addo has been asked to rescind his decision on the three bills before him which he has given reasons not to assent.
Professor Stephen Kwaku Asare, aka Kwaku Azar, says the President, after knowing the processes the three hills have undergone, cannot refuse to sign them to thwart the legislative effort of all stakeholders involved in the formulation of the bill.
The Criminal Offences (Amendment) Bill, 2023, Criminal Offences (Amendment) (No.2) Bill, 2023, and Armed Forces (Amendment) Bill, 2023, according to the Professor, should not be hanging especially when the President has said he has no issues with the substance of the documents.
On the KeyPoints on TV3 Saturday, December 23, 2024, the private legal practitioner indicated that “I will appeal to the President to rescind his decision and assent to the bill, we should all hail and celebrate what Parliament has done over the last three years on the bills.
“If you don’t have a problem with subtance of the bill, why do you want to negate all the work done by the people for the last three years.”
Meanwhile, Martin Kpebu, also a private legal practitioner, speaking on through the same medium called for the intervention of the Supreme Court to get the matter resolved.
Going to the Supreme Court, according to him, would be the best means to curtail the impasse between the Legislature and the Executive.
He says he does not envisage the President backing down on his stance, hence, the need for the apex court to come to the fore.
President Akufo-Addo, after the bills were presented to him, said, they shouldn’t have gone to the House of Parliament as private members’ bills aside from the financial implications he indicated the bills would have on the consolidated fund.
“From the look of things, the issue must go to SC. I don’t think President Akufo-Addo will eat back his words, he is intransigent”, a position a former Attorney-General, Joseph Nii Ayikoi Otoo, concurred on the same show.
“The lacuna is, what happens when the President refuses to assent…if there is a lacuna for which somebody must test it, let us do it. Has Parliament got the powers to say let us pass it ourselves by two-thirds?” he quizzed.
Background
President Addo Dankwa Akufo-Addo after his refusal to sign the three bills wrote to Parliament to give his reasons for not assenting to the bills that were passed Tuesday, July 25, 2023.
“Upon a thorough review of the relevant constitutional legislative frameworks specifically Article 108 of the Constitution and Section 100 of the Public Financial Management Act 2016, Act 921, it is evident that the bill is introduced as private member’s bills by the honourable member of Parliament for Madina Constituency, Francis-Xavier Sosu do not conform with the provisions of the Constitution.
“These bills which avoid the death penalty and criminalise the activities of witch doctors retain substantial financial obligations on the Consolidated Fund and other public funds of Ghana due to the projected cost related to imprisonment, sustenance and healthcare for those who will be convicted under the days when they become law.”
“Therefore, in light of this significant fiscal impact, these bills should not have been introduced with the fiscal impact analysis. Access to such an analysis precludes these bills from being properly classified as private member’s bills. The legislative power entrusted to parliament comes with responsibilities to ensure that all enacted laws comply with the constitutional provisions safeguarding the nation’s fiscal integrity and avoiding the principles of governance.”
“Mr Speaker, it is for the above reasons that I, in preserving the sanctity of the legislative process refuse to assent with yours.
“I take this opportunity to reiterate my support for the contents of the bills and my intention for them to be reintroduced in Parliament on my behalf in due course. Yours sincerely, Nana Addo Dankwa Akufo-Addo,” he stated.
The President raised constitutional matters regarding the Bill when he first informed Parliament of his inability to assent to the Criminal Offences Amendment Bill 2022.
In the letter he wrote to Parliament and read by the Speaker on Monday, December 4, President Akufo-Addo said “I am writing to you in reference to our meeting held on the 28th of November, 2023 at my office where we discussed the outstanding bills presented for assent namely; the Criminal Offenses Amendment Bill 2023, Criminal Offences Amendment number 2 Bill 2023, and the Armed Forces Amendment Bill 2023.
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.”
