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Justice Abdullai vs AG: Supreme Court said things that were untrue in their judgement – Bagbin

The Speaker of Parliament, Alban Bagbin has stated that the Supreme Court judgement on the Deputy Speaker’s voting contained some things that were not the true reflection of events as they happened in parliament.

According to the Speaker, the statement by Justice Yoni Kulendi that the Speaker’s actions towards the Finance Minster is what warranted the walkout is not borne by fact or evidence.

Speaking at the maiden edition of the Speaker’s Seminal Lecture in Accra, Alban Bagbin said, “In the judgement, the lead judge, Justice Yoni Kulendi said things that were not a true reflection of what happened in parliament on that day.

Nutricare

“The statement that the Speaker did not handle the minister of Finance well and that is what occasioned the walkout is not borne by fact or evidence. The Speaker simply said non-MP ministers should leave the chamber because the question I was going to put would be a voice vote and non-MP ministers by law are not to participate in the decision-making of the House,” Ghanaian times quoted Speaker as having said.

He said if parliament was given an opportunity to explain events as they happened in court, some of these misguided statements wouldn’t have been communicated.

“Again, there was imputation about the bias of the Speaker in the judgement. If parliament had been given the opportunity to be heard, the Court would not have been misled in some of these things,” he said.

On March 9, 2022, the Supreme Court ruled that a Deputy Speaker of Parliament presiding over proceedings in Parliament has the right to be counted in decision-making and has the right to participate in voting.

The court presided over by Justice Jones Dotse, held that the Deputy Speaker does not lose his right to take part in decision-making upon a true and proper interpretation of Articles 103 and 104 of the 1992 Constitution.

The unanimous decision was taken after the court dismissed a writ by a law lecturer, Justice Abdulai, who was challenging the decision of Mr Owusu to be counted as part of the quorum to pass the budget.

The court, therefore, held that the passing of the budget on November 30, 2021 in which Joe Osei Owusu, the First Deputy Speaker counted himself as part of the quorum, was valid.

Also, the court has struck down Order 109(3) of the Standing Orders of Parliament which prevented a Deputy Speaker presiding from voting, as unconstitutional.

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