Voting right of Deputy Speaker: Judgment is per incuriam - Abdulai files for review
On March 9, 2022, the ordinary Bench of the apex Court held inter alia that the Deputy Speaker could count himself for purposes of a quorum and is entitled to an original vote.
A private legal practitioner and lecturer at the UPSA law School, Justice Abdulai is seeking a review of the Supreme Court Judgment that granted the Deputy Speaker of Parliament voting right when deliberating over proceedings of the house.
On March 9, 2022, the ordinary Bench of the apex court Coram: E. Yonny Kulendi, V.J M. Dotse, NA Amegatcher, Prof. N.A. Kotey, M. Owusu (MS), A. Lovelace-Johnson (MS), C.J Honyenuga JJSC held inter alia in a matter that sought interpretation and enforcement of Articles 102 and 104(1) of the Constitution that;
a.The Deputy Speaker could count himself for purposes of a quorum, and is entitled to an original vote;
b. That Order 109(3) of the Standing Orders of Parliament of the Republic of Ghana is inconsistent with the 1992 Constitution;
C. That the decision of Parliament approving the Government of Ghana budget and economic policy for 2022, taken on the 30th November 2021, with the Deputy Speaker as part of the quorum of Parliament, is valid;
d. That Ghana's position on the right of the presiding officer of Parliament to vote on a matter is in consonance with the law or practice in the Commonwealth and Anglo-American Jurisdictions as to the United Kingdom, United States, Canada, Australia, Kenya, and South Africa.
e. That the decision of parliament approving the budget and economic policy of Government on 30th November 2021, was valid
However, the plaintiff, Justice Abdulai is seeking a review of the said judgment arguing that the decision of the Ordinary Bench is per in curium, and constitutes exceptional circumstances that resulted in the miscarriage of Justice thus praying the Supreme court to vary the same.
