The opposition National Democratic Congress Member of Parliament for Ningo Prapram Constituency in the Greater Accra Region, Samuel Nartey George has chastised President Nana Addo Dankwa Akufo-Addo for refusing to assent to three Private Member’s Bills passed by Parliament in recent times.
Reacting to President Akufo-Addo’s letter addressed to Parliament explaining his inability to assent three private members bill passed by Parliament, arguing that the bills place financial responsibility on the consolidated fund, the lead sponsor of the Anti-Gay bill, Sam George accused President Akufo-Addo for allocating too many powers to himself.
According to the Ningo-Prampram legislator, the decision of President Akufo-Addo to refuse to assent the three private member bills clearly undermines the practice of separation of powers as enshrined in the 1992 Constitution of Ghana.
“The framers of the 1992 constitution had a certain intention. When you read the spirit and letter of the law they intended for us to have separation of powers. Now the principle of separation of powers is clear that ultimately parliament is the lawmaking organ in the architecture of the state. The executive led by the president is the implementing organ of legislation. They don’t make legislation, they implement it. The judiciary is the interpretation body when there are disputes on legislation.
“Now what you have, with the letter the president wrote is that the president is acting as an executive president acting as the head of the legislature and actually arrogating to himself the powers of the judiciary. Because the president is being asked to implement a law parliament has passed, a private members’ bill that the constitution says the person presiding will determine if it passes’.
Samuel Nartey Gorge
President Akufo-Addo Accused of Misinterpreting Law On Assent Of Private Member’s Bill
Furthermore, the lead sponsor of the Promotion for Proper Human Rights and Ghanaian Family Values Bill 2021, Samuel Nartey Gorge accused President Akufo-Addo of wrongfully interpreting the law regarding the assent of the private member bill into law.
According to Mr Nartey George, President Akufo-Addo erred in refusing to assent the three private member bills into law.
“Now the president chose to preside over parliament and say that the person who presided and approved it erred. That power does not belong to the president; the president says that he will want to introduce the law himself even though he agrees with everything it must be introduced by him. I mean, if the president has slept on the job for 7 years and a private member has brought the law which serves the purposes of the country, the president wants to save face and say I brought it?
“Then the president goes further in his letter to do an interpretation of the constitution which is the preserve of the chief justice, the judiciary and the Supreme Court. The Supreme Court is the only mandated body to interpret the law. So you have a president who is not just behaving like an executive president, but behaving like an imperialist president, a monarchy where the king gives the law, interprets the law to suit himself and passes judgment”.
Samuel Nartey Gorge
Meanwhile, the Speaker of Parliament, Rt. Honourable Alban Sumana Kingsford Bagbin has strongly expressed disagreement on President Akufo-Addo’s refusal to assent to the Criminal Offences Amendment Bill and Ghana Armed Forces Amendment Bill.
In a passionate address to Parliament, Speaker Bagbin argued that President Akufo-Addo’s reasons outlined in his letter to Parliament for refusing to assent to the various private member’s bill are untenable and not constitutional.
“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”.
Rt. Honorable Alban Sumana Kingsford Bagbin
The Speaker of Parliament further indicated that it is not for the president to decide on the constitutionality or otherwise of a bill that has been presented and considered by parliament.
The Private Member’s Bills which have become a matter of public discussion include the Criminal Offences Amendment Bill on Witchcraft, Criminal Offences (Amendment) Bill, 2022 and the Armed Forces Amendment Bill, 2022.
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