Madina lawmaker Francis Xavier Sosu has accused President Nana Addo Dankwa Akufo-Addo of breaching the 1992 Constitution for not signing the three bills presented to his office.
The bills are; Criminal Offences (Amendment) Bill, 2023, Criminal Offences (Amendment) (No.2) Bill, 2023, and Armed Forces (Amendment) Bill, 2023.
Speaking on the Hot Issues with Keminni Amanor on TV3 Sunday December 24, Sosu who is the sponsor of the private member’s bills said “I think the President is acting unconstitutionally and it is the role of the Speaker to tell the President in his face, that he is acting unconstitutionally.
“Since the bill got passed in July this year, we have over five people who have already been killed again on account of witcraft accusations.”
The refusal of the President to sign the bills has resulted in a stalemate between Parliament and the Executive.
The Speaker of Parliament Alban Bagbin rejected the position taken by the President. In his view, the President was not properly advised on the bills passed by Parliament on Tuesday, July 25.
President Akufo-Addo while notifying Parliament of his inability to assent to the Criminal Offences Amendment Bill 2022, raised constitutional matters regarding the Bill.
The President stated in the letter he wrote to Parliament “I am writing to you in reference to our meeting held on the 28th of November, 2023 at my office where we discussed the outstanding bills presented for assent namely; the Criminal Offenses Amendment Bill 2023, Criminal Offences Amendment number 2 Bill 2023, and the Armed Forces Amendment Bill 2023.
“During our conversation, I raised specific constitutional concerns regarding these bills related to Article 108 of the Constitution, particularly the nature of these bills which were introduced into Parliament as private members’ bills rather than being presented by me or on my behalf….”
“As I indicated, the content of these bills have my support, but we need to ensure that they are enacted in line with established constitutional and legislative process. After thorough consideration and in light of the constitutional issue I pointed out during our meeting, I am unable to assent to these bills.
“The concerns raised are significant and have profound implications for the constitutional integrity of these legislative actions. Any legislation we pass must be in complete alignment with the provisions of our Constitution. I intend to have these bills reintroduced in Parliament on my behalf in due course,” he added.
Regarding the Ghana Armed Forces Amendment Bill, President Akufo-Addo, in the letter indicated his inability to sign after citing financial implications on the state’s Consolidated Fund and potential breaches of Article 108 of the Constitution as reasons for his refusal.
Reacting to the President’s stance, Mr Bagbin said, “Vehemently, we disagree with the position taken by the President. The President has gotten it tragically wrong and I will submit in the form of a statement under article 53, my position on this matter and allow members of the House to make comments so that we can take a clear position in this matter.
“And I will do so during this week. The President has not been properly advised. The President has not been properly informed about the processes this bill has gone through. So I will submit a detailed write-up on it for members to make their comments. But I am very clear that this message and the contents are irregular, wrongful and unconstitutional.
“The responsibility to decide whether a bill should come from a private member or not rests on the person presiding. The procedure in the act clearly states what the President is expected to do. It is not for the President to decide on the constitutionality or otherwise of a bill that has been presented and considered by Parliament. This power of Parliament will not be taken away by any executive authority,” he said.