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Former Member of Parliament (MP) for Ayensuano constituency, Samuel Ayeh-Paye, has backed the Supreme Court ruling regarding the right of the Deputy Speaker of Parliament to vote in the House as a Member of Parliament(MP).

The Majority and Minority have been disputing among themselves claims that the Deputy Speaker, acting as Speaker of Parliament in the absence of the substantive Speaker, can cast a vote or be counted as part of the MPs to form a quorum during proceedings.

Court Ruling 

The Supreme Court by a unanimous decision settled this contentious issue ruling on Wednesday that a "Deputy Speaker is entitled to be counted as a member of Parliament for quorum" and can as well "vote and take part in the decision of parliament".

An action by Mr Osei-Owusu in November last year, in counting himself as an MP, enabled the Majority in Parliament to form the right quorum under Article 104(1) in order to pass the budget.

By this ruling, the Supreme Court has affirmed and legitimized the approval of the 2022 Budget passed in the absence of the NDC Minority Caucus on November 30, 2021.

The seven member panel that adjudicated the case comprised Justices Jones Dotse, Nene Amegatcher, Prof Ashie Kotey, Mariama Owusu, Lovelace Johnson, Clemence Honyenuga and Emmanuel Kulendi.

Presided over by Justice Jones Dotse, the court also struck down Order 109(3) of the Standing Orders of Parliament as unconstitutional.

Criticisms

Some critics have however shared their dissenting views over the court ruling.

Former President John Mahama, in a post shared across his official social media handles, described the ruling as "shocking but not surprising", a Graphic Online publication cited.

He added the Apex Court has set "a dangerous precedent of judicial interference in Parliamentary procedure for the future".

Member of Parliament for Ningo-Prampram, Sam Nartey George has also labeled the ruling as a sham.

"The sham called Justice delivery in our Republic. Despicable!'', he tweeted.

The Minority Leader, Haruna Iddrisu further asserts the court ruling is rather aimed at giving the Deputy Speaker the right to vote for the government's e-levy.

Ayeh-Paye Supports Supreme Court Order

But addressing the issue during Peace FM's 'Kokrokoo' programme, the former MP, Samuel Ayeh-Peye was of a firm opinion that the Apex Court's intervention is in the right order.

Sharing his expert knowledge on the roles of the Judiciary and the Legislature, he noted that although Parliament operates independently and have rules on their own which should be free from judicial interferences, nonetheless the Judiciary steps in when it finds a standing order of Parliament in contravention of the 1992 constitution.

He expounded that, "the Supreme Court has the authority to say what you're doing contravenes the constitution, so cancel it'' and so called on the MPs to leave the Supreme Court alone.

" . . we can't put any order in our standing orders which infracts the constitution," he advised the legislators.

Hon. Ayeh-Paye urged the law makers to "admit that if we accept separation of powers, the Executives, the Judiciary and the Legislature, then we must give the Supreme Court the room to do its work".

He, therefore, finds nothing wrong with the Supreme Court ruling in favour of the Deputy Speaker.