President Akufo-Addo’s refusal to assent to the Criminal Offences (Amendment) Bill, 2023, Criminal Offences (Amendment) (No.2) Bill, 2023, and the Armed Forces (Amendment) Bill, 2023 must be taken to the apex court for a solution.
Private legal practitioner, Martin Luther Kpebu, who is making the proposal has said he doesn’t see the President changing his mind on his decision not to assent to the three bills.
Going to the Supreme Court, according to him, would be the best means to curtail the impasse between the Legislature and the Executive.
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.
Speaking on the KeyPoints with Alfred Ocansey Saturday, December 23, 2023, Mr. Kpebu said the apex court should be able to explain Parliament’s next move upon the President’s refusal to sign the documents.
“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.”
