Abdulai Vrs Attorney General [2022] GHASC 8 (9 March 2022)

Abdulai Vrs Attorney General [2022] GHASC 8 (9 March 2022)

A Deputy Speaker or any member of Parliament presiding in the absence of the Speaker is entitled to be counted as part of the quorum under Article 104(1) and to vote in decision making; the decision of Parliament on 30th November 2021 approving the 2022 Budget was valid as 138 members, including the presiding Deputy...

Source-derived case information.

Citation
[2022] GHASC 8
Parties
Plaintiff: Justice Abdulai; Defendant: The Attorney-General
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
9 March 2022
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition dismissed; reliefs sought by Plaintiff denied.
Legal Topics
Interpretation of Constitution, Parliamentary Procedure, Quorum, Voting Rights, Supremacy of Constitution
Source Language
english
Constitutional Law Parliamentary Law Interpretation of Constitution Parliamentary Procedure Quorum Voting Rights Supremacy of Constitution

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Parties

Justice Abdulai

Plaintiff

The Attorney-General

Defendant

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether a Deputy Speaker or any member presiding over Parliament in the absence of the Speaker can be counted as part of the members present for quorum under Article 104(1) of the Constitution.
  2. 2 Whether a Deputy Speaker or any member presiding over Parliament in the absence of the Speaker can vote or take part in the making of a decision by Parliament.
  3. 3 Whether the decision taken on 30th November, 2021 by Parliament to approve the 2022 Budget was a nullity as 138 members, excluding the person presiding, were not present.

Ratio Decidendi

A Deputy Speaker or any member of Parliament presiding in the absence of the Speaker is entitled to be counted as part of the quorum under Article 104(1) and to vote in decision making; the decision of Parliament on 30th November 2021 approving the 2022 Budget was valid as 138 members, including the presiding Deputy Speaker, were present; Order 109(3) of the Standing Orders of Parliament is unconstitutional to the extent it prohibits a presiding Deputy Speaker from voting.

Court Disposition

Petition dismissed; reliefs sought by Plaintiff denied.

Orders

  • Order 109(3) of the Standing Orders of Parliament struck down as unconstitutional, null, void and of no legal effect.
  • Declaration that the decision of Parliament on 30th November 2021 approving the 2022 Budget was valid.