Mr Speaker, thank you very much.
I also thank the Hon Leader of Government Business for presenting the Business Statement, except to add that if we peruse page 3 where the Hon Majority Leader brought a proposal to the Business Committee to be raised as a matter of procedure, there is a Private Member's Motion which reads: “That Parliament amends article 97(1)(b) of the 1992 Constitution to enable an incumbent Member of Parliament to be elected as Speaker of Parliament without having to vacate his or her seat.”
Mr Speaker, the Hon Majority Leader is introducing this and I deem its appearance in the Business Statement as an introduction of the matter to Parliament. Mr Speaker, I have asked the Hon Majority Leader that we should do further consultation with you on the 1992 Constitution and best practices. Respectfully, I beg to refer you to article 291 of the 1992 Constitution which reads:
“A bill to amend a provision of this Constitution which is not an entrenched provision shall not be introduced in Parliament unless …”
Mr Speaker, narrowly, his argument is that this is not a Bill, but to initiate a debate on an important constitutional matter which borders the authority of the Rt Hon Speaker, the neutrality and impartiality of the Rt Hon Speaker as the head of the Legislative Organ of State, I think that procedurally, we are in breach of article 291, and I shared it with the Hon Member. That is if we were to assume that article 97 is a non- entrenched provision, it is even more onerous if article 97 was to be understood as an entrenched provision.
Mr Speaker, the Hon Member's argument may be viewed against article 290, and with your permission, I beg to read:
“(1) This article applies to the amendment of the following provisions of the 1992 Constitution, which are, in this Constitution referred to as “entrenched provisions” -
(g) The Legislature: articles 93 and 106.”
Mr Speaker, article 97 is not mentioned here. So, narrow construction of it still means that article 97 will belong to the non-entrenched provisions. Even by the Business
Committee merely introducing this subject, whether we are not in breach of what the 1992 Constitution imposes on us as a people. In introducing it, ultimately, even if a bill comes to this Parliament, we are now going to take a decision on whether the presiding person of this Parliament should exercise a voting right, and that borders on another important issue. I thought that my Colleague, the Hon Majority Leader, should allow for more consultation on this matter. I am worried that we are even introducing it. By it appearing in the Business Statement, I understand that it means we are introducing a matter in Parliament for debate on constitutional amendment, yet the 1992 Constitution has elaborate provisions on how to walk the process if we want to amend any provision of the 1992 Constitution.
Mr Speaker, but you know that the Hon Majority Leader is as old as you in this House. Cleverly, he is saying that it is not a bill. What is it? It is a Motion. So tomorrow, anybody will rise up in this House and introduce a Motion to want to amend something in this Constitution. Mr Speaker, I worry and I am expressing it.
Mr Speaker, my second observation -- that one came to me very late. After the meeting with the
Business Committee, I read media reports of the President's pronouncement on excavators and burning of excavators in his style. We would want to summon the Attorney- General and Ministry of Justice to this House in accordance with article 88 of the Constitution as the principal advisor to Government. Why the President should not be held in check for breaching the laws, and the Constitution of Ghana? Some evidence must be provided that burning of excavators is sanctioned by the laws of Ghana, and I wait to see that. We will accept he leading -- [Laughter].
Mr Speaker, I would like to quote the exact words of the President -- [Interruption] -- Alright, the mantra is “Go to court” -- [Laughter] -- That reminds me of quoting Professor Asare, that ex ante, excess judicial power is never vested in the President. Ex ante is extra judicial power.
Mr Speaker, so where is his comfort? Is he comfortable that people should go to court? We will question that. The Attorney-General and Minister for Justice should be brought before this House because we would want him to lead the lawful republic of Ghana in accordance with his oath to uphold the Constitution and the laws of Ghana, and to hold himself accountable to the laws of Ghana.