Over the past few weeks, tension has continued to brew between the Speaker of Parliament, Alban Bagbin, and President Akufo-Addo over the latter’s failure to sign into law the three new bills passed by parliament in December 2023, citing financial implications inherent in the coming into force of these laws.
The three bills are the Criminal Offences Amendment Bill 2023, the Criminal Offences Amendment Bill Number 2, 2023, and the Ghana Armed Forces Amendment Bill 2023.
The 1992 Constitution of Ghana does not mince words when it comes to the power of the head of the executive, that is, the president, to assent to bills before they become laws. If the President assents, the bill becomes law. The new law is published in the Gazette and enters into force.
Nonetheless, it is imperative to uphold the sanity of the separation of powers as enshrined in the same constitution.
“Therefore, in light of this significant fiscal impact, these bills should not have been introduced with the fiscal impact analysis. Access to such an analysis precludes these bills from being properly classified as private member’s bills. The legislative power entrusted to parliament comes with responsibilities to ensure that all enacted laws comply with the constitutional provisions safeguarding the nation’s fiscal integrity and avoiding the principles of governance,” a portion of President Akufo-Addo’s letter to Speaker Bagbin reads.
Amongst the three bills is the Ghana Armed Forces Bill 2023, which is a private member’s bill sponsored by the MP for Madina, Francis-Xavier Sosu, seeking to replace the death penalty with life imprisonment.
The President was categorical about the private member’s bill, asserting that it does not conform with the provisions of the Constitution. Private member’s bills suffered another setback.
“Upon a thorough review of the relevant constitutional legislative frameworks specifically Article 108 of the constitution and Section 100 of the Public Financial Management Act 2016, Act 921, it is evident that the bill is introduced as private member’s bills by the honourable member of Parliament for Madina Constituency, Francis-Xavier Sosu do not conform with the provisions of the constitution.
“These bills which avoid the death penalty and criminalise the activities of witch doctors retain substantial financial obligations on the consolidated fund and other public funds of Ghana due to the projected cost related to imprisonment, sustenance and healthcare for those who will be convicted under the days when they become law.”
However, it is worth noting that the President’s letter, upon the advice of the Attorney General (AG), failed to provide any financial estimates that would overburden the country and give credence to his reason for not signing the bills into law.
According to political watchers, the conduct of the President poses a significant threat to the success of private member bills.
A political science lecturer at the University of Ghana, Professor Ransford Gyampo, asserted that it is “unacceptable” for the President to decide not to assent to the bills willingly. Professor Gyampo doubted if there is any bill at all that does not have any financial implications under the sun.
“The president’s statement is retrogressive, backward, and not dynamic, the power to make laws is vested with the legislative arm of government. Parliament can delegate this power to the executives, semi-autonomous body, and some units, but the power belongs to parliament,” he said on TV3’s current affairs programme, The Key Points, on Saturday, December 23.
Understanding private member’s bill in a parliamentary democracy
Unlike public bills, which are introduced by ministers of state on behalf of the executive branch of government, private member’s bills are proposed laws introduced by members of parliament in their official positions. Private member’s bills, to some extent, strengthen parliament’s law-making functions rather than serving as a rubber stamp for every proposal from the executive, as has always been the case.
Although the 1992 Constitution does not explicitly elaborate on private member’s bills, Articles 93(2), 108, 22(2), and 185(3) of the Constitution implicitly promote such bills.
Through active participation in the legislative process, citizens, Civil Society Organisations (CSOs), and other private organisations can contribute to the strengthening of democratic culture through the laying of private member’s bills.
But the obstacle here is Article 108(1), which demotivates other people, unlike the executive, to propose and support a private member bill.
Article 108 provides that “Parliament shall not proceed upon a bill that in the opinion of the person presiding imposes a charge on the Consolidated Funds or other Public Funds.”
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Akufo-Addo is being unconstitutional for not assenting to the three bills – Sosu
Speaker Bagbin hints at court action over the President’s decision
In a rather twist of events, Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin has hinted that parliament will file a legal action at the Supreme Court for proper interpretation of the constitution.
“I want to end up by assuring you that I will definitely be in touch with my good friend the President, his excellency Nana Addo Dankwa Akufo-Addo, even though I disagree with him in his refusal to assent to our bills, and I have given notice that we will be in court about this matter,” he said when addressing students at the Ghana School of Law.
In the spirit of separation of powers, Article 93(2) provides that the legislative power shall be vested in Parliament. Article 58(1) provides that the executive authority shall be vested in the President. Lastly, Article 125(3) provides that the judicial power shall be vested in the judiciary.
As per the above, it is a step in the right direction for Parliament to seek judicial interpretation. The outcome of this would certainly add to the country’s democratic credentials or detract from them.