Supreme Court To Challenge Alban Bagbin’s Oversight Of 2022 Budget Rejection

Richard Sky, a private individual, has petitioned the Supreme Court to overturn the Speaker of Parliament’s decision to enable 137 members of parliament to vote to reject the 2022 budget.

Speaker Alban Bagbin permitted 137 Minority MPs to vote on the budget on Friday. The majority of MPs voted to reject the budget, but many, including the Speaker, claimed that what he did was unlawful because 137 MPs were less than half of the total number of members of parliament required to vote.

However, the Minority maintains that the speaker did nothing wrong and that their vote was legal and constitutional.

To this aim, Mr Sky has petitioned the Supreme Court, pleading with the court to deem the Speaker’s decision unconstitutional.

Mr Sky is seeking the following reliefs:

1. A declaration that upon a true and proper interpretation of Article 104(1) of the Constitution 1992 of the Republic of Ghana, the Speaker of parliament’s decision on 26 November 2021 to invite members of parliament of Ghana to determine the matter of whether or not to accept or reject the 2022 budget statement and economic policy of the government of Ghana, when he knew or ought to have known that at all material times there were less than half of all members of parliament of Ghana present, violated article 104(1) of the constitution 1992 of the republic of Ghana, especially so when the Speaker had announced immediately before the vote was taken that there were 137 members of parliament of Ghana present in parliament out of the total number of 275 members of parliament of Ghana.

2. A declaration that upon a true and proper interpretation of Article 104(1) of the constitution 1992 pf the republic of Ghana, the purported determination by 137 members of parliament of Ghana out of the total number of 275 members of parliament of Ghana on 26 November 2021, purporting to reject the 2022 budget statement and economic policy of the government of Ghana violated article 104(1) of the constitution 1992 of the republic of Ghana.

3. An order setting aside the purported vote by 137 members of parliament of Ghana out of the total number of 275 members of parliament of Ghana on 26 November 2022, which vote purported to react the 2022 budget statement and economic policy of the government of Ghana, for violating article 104(1) of the constitution 1992 of the republic of Ghana.

He is seeking other reliefs as well.

Meanwhile, Parliament on Tuesday, 30 November 2021 passed the 2022 budget.

The Minority side of the house was, however, totally empty.

The one-sided legislature, made up of the Majority Caucus, passed the budget.

Before the budget was passed, the First Deputy Speaker said the earlier rejection of the budget on Friday, 26 November 2021 was null and void because parliament did not have more than half of its members during the vote on the budget.

He noted that 137 members was not enough to make a decision on the budget, according to law.