Supreme Court has cleared your misunderstanding – Joseph Osei-Owusu
First Deputy Speaker Joseph Osei Owusu is pleased with the ruling of the Supreme Court on whether or not a Deputy Speaker can vote, saying it has cleared all the misunderstandings regarding how the standing order is applied.
While addressing the press in Parliament on Wednesday, March 9, he said “Whatever misunderstanding that people have I think the Supreme Court has cleared it.”
Expressing his thoughts on the ruling, private legal practitioner Justice Abdulai who applied to the Apex Court to challenge the decision of the First Deputy Speaker to count himself as Member of Parliament while at the same time presiding, indicated that, the verdict of the highest court of the land is a victory for Ghana’s constitution.
He said the ruling has brought clarity to the law.
“I am not surprised because I am a lawyer, I know that going to court, there are only two outcomes, it is not like a football game where there will be a draw, it will either be a win or a loss.
“But in this case, I think no one lost, the constitution wins, the people of Ghana win, this is the best decision that I think we should have had, it puts clarity on the law even though some of the reliefs I was seeking were not obtained.
“There is a far-reaching decision that has been made by the Supreme Court today to the extent of striking out portions of the Standing Orders.”
On Wednesday 9th March 2022 the Apex court dismissed an application to pronounce as unconstitutional, Joseph Osei Wusu’s action of counting himself in order to constitute a quorum.
The Deputy Speaker of Parliament’s participation in voting was deemed as constitutional by Justice Jones Dotse.
The misunderstanding between Speaker Bagbin and his First Deputy after the latter overturned an earlier vote of the House rejecting Government’s 2022 Budget led Justice Abdulai to call on the Supreme Court to pronounce as unconstitutional, Deputy Speaker, Joseph Osei Owusu’s action of counting himself for a quorum.
According to him, per the context of articles 102 and 104 of the 1992 Constitution that the Deputy Speaker was not permitted to count himself for a quorum, since he had neither an original nor a casting vote as Speaker presiding.
But the 7-member panel of justices ruled that the Member of Parliament for Bekwai exercised his right constitutionally.
The Apex court went ahead to also strike out the standing order 109(3) which says a Deputy Speaker or any other member presiding shall not retain his original vote while presiding.
Indicating that the Deputy Speaker can be counted during the quorum for decision making according to article 104(1)
Justice Jones Dotse noted that the full ruling will be made available on Friday, March 11.
