Bagbin’s supervision over 2022 budget rejection challenged in Supreme Court

A private citizen Richard Sky has filed a writ at the Supreme Court challenging the Speaker of Parliament’s decision to allow 137 members of parliament vote to reject the 2022 budget.

Last Friday, Speaker Alban Bagbin allowed 137 Minority MPs to vote on the budget. The MPs voted to reject the budget but many including the Majority said what the speaker did was unconstitutional because 137 MPs were less than half the members of parliament required to vote.

The Minority, however, insist the speaker did nothing wrong and their vote is legal and constitutional.

To this end, Mr Sky has run to the Supreme court praying the apex court to declare the action of the Speaker illegal.

Mr Sky is seeking the following reliefs:

1. A declaration that upon a true and proper interpretation of Article 104(1) of the Constitution 1992 of the Republic of Ghana, the Speaker of parliament’s decision on 26 November 2021 to invite members of parliament of Ghana to determine the matter of whether or not to accept or reject the 2022 budget statement and economic policy of the government of Ghana, when he knew or ought to have known that at all material times there were less than half of all members of parliament of Ghana present, violated article 104(1) of the constitution 1992 of the republic of Ghana, especially so when the Speaker had announced immediately before the vote was taken that there were 137 members of parliament of Ghana present in parliament out of the total number of 275 members of parliament of Ghana.

2. A declaration that upon a true and proper interpretation of Article 104(1) of the constitution 1992 pf the republic of Ghana, the purported determination by 137 members of parliament of Ghana out of the total number of 275 members of parliament of Ghana on 26 November 2021, purporting to reject the 2022 budget statement and economic policy of the government of Ghana violated article 104(1) of the constitution 1992 of the republic of Ghana.

3. An order setting aside the purported vote by 137 members of parliament of Ghana out of the total number of 275 members of parliament of Ghana on 26 November 2022, which vote purported to react the 2022 budget statement and economic policy of the government of Ghana, for violating article 104(1) of the constitution 1992 of the republic of Ghana.

He is seeking other reliefs as well.

Meanwhile, Parliament on Tuesday, 30 November 2021 passed the 2022 budget.

The Minority side of the house was, however, totally empty.

The one-sided legislature, made up of the Majority Caucus, passed the budget.

Before the budget was passed, the First Deputy Speaker said the earlier rejection of the budget on Friday, 26 November 2021 was null and void because parliament did not have more than half of its members during the vote on the budget.

He noted that 137 members was not enough to make a decision on the budget, according to law.

Source: Classfmonline.com