Purported rejection of 2022 Budget: SC to deliver judgment on Richard Sky suit March 16

The Supreme Court is expected to deliver on Wednesday, March 16, 2022, its judgment on a suit challenging the Speaker-Minority rejection of the 2022 Budget Statement.

On Tuesday, March 1, 2022, the Supreme Court panel presided by Justice Jones Dotse adopted and set down a joint memorandum of issues by both parties for determination.

The suit, filed by a Ghanaian citizen, Richard Dela Sky is seeking inter alia “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 shall, unless otherwise required by the Constitution 1992, at all material times ensure that at least half of all the Members of Parliament of Ghana is present in Parliament at the time of a determination of any matter by Parliament thus seeks a declaration to that effect per a declaration that upon the true and proper interpretation of Article 104(1) of the Constitution 1992.

Moreover, he seeks a declaration that on a true and proper interpretation of Article 104(1) of the 1992 Constitution, the purported rejection of the 2022 budget on 26th November 2021 by 137 Members out of the total 275 is a violation of Article 104(1) of the Constitution, 1992.

Additionally, a declaration that per Article 104(1) of the Constitution, 1992, the Speaker of Parliament ought to have known that that at all material times there were less than half of all the Members of Parliament of Ghana present thus should not have invited them on November 26, 2021, to determine whether or not to accept the 2022 Budget Statement and Economic policy.

He is also praying the Supreme Court for “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 26th November 2021, which vote purported to reject 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”.

Furthermore, a declaration that the failure of the Speaker of Parliament to comply with Article 104(1) of the 1992 Constitution amounted to a violation of the Speaker’s Oath which requires him to uphold, preserve, protect and defend the Constitution of the Republic.

Budget Rejection

On November 26, 2021, the Speaker of Parliament, Alban Bagbin, presided on a minority-only House numbering 137, rejected by a voice vote, the 2022 Budget Statement of the Government.

Subsequent Approval

After the rejection, the Majority side, who staged a walkout on the day of rejection, called on Ghanaians to disregard the purported rejection of the Budget by the Minority side.

Therefore on November 30, 2021, Parliament consisting of 138 Majority only members, presided over by the 1st Deputy Speaker of Parliament, Joe Osei-Wusu, reversed the November 26 rejection and approved the 2022 Budget statement of the Government.