The president was advised by his Chief Legal officer to stay away from the anti-gay bill until… – MP reminds Bagbin

Tolon Member of Parliament, Habib Iddrisu has said that the decision of the Speaker of Parliament Alban Bagbin to halt the consideration of the ministerial nominees of President Akufo-Addo until after the supreme court case on the anti-gay bill is done is just an attempt to frustrate the government.

He explained that President Akufo-Addo did not just decide to refuse to assent to the anti-gay bill rather it was his Chief Legal advisor, the Minister of Justice and Attorney General who provided the legal basis for the president to stay away from the anti-gay bill.

Speaker Bagbin had earlier said that Parliament will not consider the ministerial nominees of President Nana Addo Dankwa Akufo-Addo until after the Supreme Court has finished hearing the suit against the anti-gay bill.

The speaker said this on the floor of Parliament on Wednesday, March 20 while responding to the letter written to the House by the President’s Secretary Nana Bediatuo Asante asking the Clerk of parliament not to remit the bill to the president.

“In alignment with our constitutional mandates and the principles of good governance, it is essential for the President to adhere to the lawful course of action by accepting the transmission of the bill. Upon receipt, the President has the constitutionally provided options to assent to the bill, refuse it, or seek further consultation, as deemed necessary. As we move forward, it is the collective responsibility of all branches of government, and indeed all citizens, to uphold the constitution and ensure that our democratic practices are not only preserved but strengthened.

“The current impasse presents an opportunity for reflection and reaffirmation of our commitment to the principles of democracy, rule of law, and the unequivocal respect for the legislative process that forms the bedrock of our nation’s governance. I reiterate that the refusal to even accept the bill for consideration falls outside the legal bounds established by our constitutional framework. It is incumbent upon the President to accept the bill and take the necessary action within the prescribed constitutional limits, whether that action is assent, refusal, or referral to the Council of State for advice.

“Article 106(7) says ‘Where a bill passed by Parliament is presented to the President for assent, he shall signify within seven days after the presentation, to the Speaker that he assets to the bill or that he refuses to assent to bill, unless the bill has been referred by the President to the Council of State under article 90 of this Constitution’. The Parliament of Ghana will comply with the existing legal framework and reject the attempts by the Executive Secretary of the President, through his contemptuous letter, to instruct the Clerk to Parliament, an Officer of Parliament whose position is recognizably under the Constitution. We shall not cease and desist!

“Be that as it may, Hon Members, I also bring to your attention, the receipt of a process from the Courts titled Rockson-Nelson Etse K. Dafeamekpor vrs. The Speaker of Parliament and the Attorney -General ( Suit no. J1/12/2024) which process was served on the 19th of March 2024 and an injunction motion on notice seeking to restrain the Speaker from proceeding with the vetting and approval of the names of the persons submitted by His Excellency the President until the provisions of the constitution are satisfied.

“Hon. Members in the light of this process, the House is unable to continue to consider the nominations of His Excellency the President in the “spirit of upholding the rule of law “ until after the determination of the application for interlocutory injunction by the Supreme Court,” he said.

Speaking to journalist in Accra on Thursday, March 21, Habid Iddrisu said “The president was advised by his chief legal advisor to stay away from the bill.”

The decision to halt the consideration of the ministerial nominees is “the NDC attempt to frustrate what the people of this country want. It is the NDC’s attempt to frustrate the rok of government.”

 

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