Former Ghana’s Special Prosecutor, Martin A.B.K Amidu says it was unconstitutional for the Speaker of parliament to assume the power to refer the minority’s motion of censure to any ad hoc committee.
Mr. Amidu in his latest epistle on the Ghanaian Parliament faulted the Speaker with what he described as the unconstitutional pronouncement saying the manner in which the motion of censure has been handled by the Speaker so far leaves much to be desired.
He observed that pursuant to the motion of censure filed by Alhaji Muntaka Mubarak, the Chief Whip of the minority caucus, the Minister For Finance had notice of the motion and was constitutionally bound to appear in Parliament on 10 November 2022 for the debate on the censure motion and vote of censure.
“The Speaker knew that the subject of the motion of censure was absent from Parliament in spite of the mandatory injunction of Article 82 of the Constitution but glossed over the Minister’s absence and proceeded to have the motion of censure moved and seconded,” he said.
He added: “The Minister for Finance, Ken Ofori-Atta, never appeared in Parliament on 10 November 2022. He is reputed to have been abroad on that day, instead of respecting the Constitution and laws of Ghana by his presence in Parliament…the Speaker then followed this with his unconstitutional referral of same to an unconstitutional ad hoc committee of Parliament for investigation.”
Mr Amidu admonished the Speaker to watch his conduct in the House to maintain his impartiality as an umpire.
“This conduct of the Speaker underscores the urgency with which patriotic citizens must be ever watchful of every step and pronouncement by the Speaker of Parliament. This is the first Speaker of Parliament under the Fourth Republican Constitution who thinks his words on the Constitution and the procedure and practice of
Parliament is gospel and so infallible that citizens must swallow them line, hook, and sinker as a matter of faith. I agree with the Speaker that the minority motion will eventually fail, but the processes towards that failure must be fair and transparent. It must not be orchestrated.”
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