Determination of unconstitutionality of Witchcraft, Armed Forces bills sole purview of Supreme Court – Bagbin

The Speaker of Parliament, Alban Bagbin insists that President Nana Addo Dankwa Akufo-Addo cannot determine the constitutionality of the Criminal Offences Amendment Bill 2023, 1 and 2 and the Ghana Armed Forces Amendment Bill 2023.

According to Mr Bagbin, the determination of the constitutionality of the bills was the sole purview of the Supreme Court for which reason any allegations of misuse should be contested by it (Supreme Court) and no one else.

President Akufo-Addo, in a letter, cited financial implications on the state’s consolidated fund and potential breaches of Article 108 of the Constitution as reasons for his refusal.

He specifically identified the Ghana Armed Forces Amendment Bill, sponsored by MP Francis Xavier Sosu, as having financial burdens associated with replacing the death penalty with life imprisonment.

The Speaker of Parliament in an official response to the president stressed “The determination of any unconstitutionality is the sole purview of the Supreme Court, not the President. Hence, if there were concerns about Parliament acting beyond its constitutional authority, ie, acting ultra vires, the appropriate course of action would be an action before the Supreme Court, not an executive declaration of unconstitutionality.”

“Again, the constitutional discretion vested in the presiding officer of Parliament, as per Article 108 and subject to Article 296, suggests that any allegations of misuse of this discretion should be contested in a court of competent jurisdiction, rather than being pre-emptively adjudicated upon by the President.”

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