Mahama: Supreme Court Notorious Ruling Shocking But Not Surprising

Former President John Mahama has described the unanimous ruling by the Supreme Court that a Deputy Speaker of Parliament can preside on parliamentary proceedings and vote at the same time as “shocking but not surprising.”

In a tweet following the ruling which has once again sunk the image of the Judiciary, he lamented that it is a ruling of convenience.

“An unfortunate interpretation for convenience that sets a dangerous precedent of judicial interference in Parliamentary procedure for the future,” he added.

On 9th March 2022, the Supreme Court gave a ruling in a case brought before it by a law professor, Justice Abdulai, who was contesting 1st Deputy Speaker, Joe Osei Wusu’s decision to count himself as forming a quorum for a vote on the budget while presiding over the vote to overturn the rejection of the 2022 budget.

Joe Osei Wusu’s roguish action infringed order 109 (3) of the Standing Orders of Parliament, which makes it clear that the Speaker has no vote.

When the matter went before the court many were expecting the court to uphold the Standing Order or better still, refrain from ruling on it as any such ruling would tantamount to vandalism of the principle of separation of powers.

However, a seven-member panel presided over by Jones Dotse and comprising of judges believed to be partisan loyalists of the ruling New Patriotic Party (NPP), including Emmanuel Yoni Kulendi, ruled that Parliament’s Standing Order 109 (3) is unconstitutional, and upheld Joe Osei Wusu’s actions.

Since the ruling, many have lamented that the verdict which is seen as being purposed to help the Akufo-Addo government approve the obnoxious Electronic Levy (e-levy) which the people of Ghana have rejected.

In addition to the view that the court has teamed up with the government against the people, there is also lament that the ruling sets a dangerous precedent in which the principle of the separation of powers is thrown to the dogs.

Former President Mahama has in the past lamented the political bootlicking of the judiciary and promised that the next NDC government will clean it up.