Supreme Court Judgement On Deputy Speakers: This Is Not An Issue If Not Of Politics

A legal practitioner lawyer Owiredu Donkor has said that, the Supreme courts ruling on deputy speakers’ qualify to vote whilst presiding in parliament  if not an issue if not of politics.

He made this known on Plan B fm morning show Nkosuo Nsem when speaking to Ohene Addo.

He explained that the current speaker Alban Bagbin was not voted for and does not represent any constituency that is why he the speaker cant form a quorum to take part in the decision to the house but the first and second deputy speakers were voted for and represented their constituents so their rights to vote as members of Parliament shouldn’t be lost.

Lawyer  Owiredu continued that the Supreme Court is the last court to redress issues in the 1992 Constitution.

In A-G’s case

The A-G disagreed with the plaintiff and argues that the quorum in Parliament formed under Article 102 is different from the quorum formed under Article 104 of the 1992 Constitution.

It is the case of Mr Dame that the quorum under Article 102 is for the conduct of business in Parliament, and that is why Article 102 provides that it should be one-third of members.

“Given that Parliament presently is made up of 275 members, the quorum under Article 102 for the conduct of its business is 92 MPs,” the A-G submitted.

According to the A-G, based on the clear provision of Article 102, any person presiding, either the Speaker or Deputy Speakers, is precluded from being part of that quorum.

On the other hand, the A-G is of the view that the quorum under Article 104 (1) which deals with the determination of matters through voting in Parliament requires at least half of all MPs, and such a quorum is not the same as the one in Article 102.

Mr Dame contends that unlike Article 102 which precludes a “person presiding” from being part of the quorum, Article 104 (2) specifically precludes “The Speaker”.

The A-G, therefore, holds the position that only the person elected as “The Speaker” of Parliament is barred from forming part of the quorum under Article 104 when presiding, and not the Deputy Speakers who preside over proceedings.