The notice filed by Speaker of Parliament Alban Bagbin to bring President Nana Addo Dankwa Akufo-Addo to court for refusing to sign the Witchcraft and Armed Forces Bills has been termed as an overstretch by private legal practitioner lawyer Kofi Bekai.
The lawyer explained that a sitting president can not be dragged to court while in office unless three years after he has exited the presidency.
The Speaker of Parliament in serving the notice claimed that it does not rest with the president to conclude that parliament acted unconstitutionally in approving the bills for which he is refusing to sign.
The bills are; Criminal Offences (Amendment) Bill, 2023, Criminal Offences (Amendment) (No.2) Bill, 2023, and Armed Forces (Amendment) Bill, 2023.
“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, i.e., 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,” he said at a function in Accra on Thursday, January 11.
Lawyer Bekai suggested that the Speaker could have addressed the issue more effectively by holding a meeting with the president.
He quotes Article Article 57 – clauses four and five to explain his point and they read: (4) Without prejudice to the provisions of Article 2 of this Constitution, and subject to the operation of the prerogative writs, the President shall not, while in office, be liable to proceedings in any court for the performance of his functions, or for any act done or omitted to be done, or purported to be done, or purported to have been done or purporting to be done in the performance of his functions, under this Constitution or any other law.
(5) The President shall not, while in office as President, be personally liable to any civil or criminal proceedings in court.
“The president holds executive powers and is not liable for criminal or civil proceedings in any court, including the Supreme Court, but civil or criminal proceedings can be initiated within three years of ceasing office.
The President’s actions or omissions during his term of office, excluding legal barred proceedings, will be considered if they were done or omitted in his capacity, irrespective of any limitation period.”
He claimed that the president raised basic issues and that the best the Speaker could have done was to request an audience with the President rather than drag the presidency or engage in banter with the president. It doesn’t sound good to me.”
Lawyer Bekai stated that the manner the Speaker reacted to the president’s reasoning was not the best, adding that the president has executive powers considerably superior to any other individual in the country,” he said on Nyankonton Mu Nsem on Rainbow Radio 87.5Fm.
“The Speaker should have sought an audience with the president and learned the reasons for his stance on the bills.” With all due respect to the Speaker, the president is a distinguished lawyer who has studied and comprehended all of the constitutional provisions. So he brought up the issue of the bills. If you disagree with him, seek an audience with him rather than using the method he took.”
By: Rashid Obodai Provencal/Rainbowradioonline.com/Ghana
