Bring Back Parliament …Majority Invokes Article 112(3) To Corner Speaker Bagbin
The Majority Caucus in Parliament has announced that as a last resort, it has invoked Article 112(3) of the Constitution and Order 53 of the Standing Orders of Parliament to request a constitutionally mandatory recall of the House.
The action was triggered after earlier attempts by the Majority to get a recall through Speaker Alban Bagbin were not successful.
Article 112(3) states that “…fifteen per cent of members of Parliament may request a meeting of Parliament; and the Speaker shall, within seven days after the receipt of the request, summon Parliament.”
Parliament currently has 275 members and the fifteen per cent required to invoke Article 112(3) would be 42 members. So far over a hundred of the members have signed the document to invoke Article 112(3) to recall Parliament within the next two weeks.
Majority Leader, Alexander Afenyo-Markin, addressing a press conference last Friday said there are critical matters of urgent importance that should be addressed by Parliament but communication with Speaker Bagbin for a recall of the House has been ignored therefore his Caucus was acting in good faith by invoking Article 112(3) in defence of Ghana’s democratic governance.
“As far back as the 8th of April, the Majority sent a memo to Mr. Speaker. In that memo, my humble prayer to Mr. Speaker was for him to exercise discretion under the powers given him in Orders 57 and 58. Unfortunately, my prayer was not successful; so we took the first major step. We are left with no option than to invoke our rights under Article 112(3) of the Constitution”, Afenyo-Markin noted.
He continued: “We are also fortified to precede with our prayer by Order 53 of the new Standing Orders also repeats the provisions of Article 112(3). We do so in good faith and in defense of our democracy. We understand that our colleagues from the Minority may have their own views. We cannot take those views away from them.”
The New Publisher has sighted a memo dated Thursday May 2, 2024 from the Majority Leader to the Right Hounorable Speaker on the subject of requesting a recall of the House.
It was captioned “NOTICE OF MEETING BY REQUEST UNDER ARTICLE 112(3) AND ORDER 53 OF THE STANDING ORDERS” and it reads:
Right Honourable Speaker, please take notice that pursuant to the provisions of Article 12(3) of the 1992 Constitution and Order 35 of the Standing Orders of Parliament as approved on the 2nd of January 2024, I and some colleague Members of Parliament from the Majority Caucus, whose names and signatures are annexed to this notice, hereby request a meeting of Parliament to consider the following urgent Government Business:
- Adoption of the Thirty-Fourth Report of the Appointments Committee on H.E. the President’s Nomination for Appointment as Ministers, Regional Ministers and Deputy Ministers.
- Motion on Additional Financing Agreement between GoG and the DIA for an amount of US$150 million to finance the ongoing Greater Accra Resilient and Integrated Development (GARID) Project.
- Request for Tax Exemption for selected beneficiaries under the 1D1F Programme.
As Mr. Speaker may recall, Parliament had adjourned sine die on Wednesday 20th March, 2024 at the time the above stated items had been advertised and scheduled to be carried.
Mr. Speaker may also recall that on 8th April, 2024, I sent a memo to your office requesting for recall under Orders 57(3) and 58(4). Unfortunately, same did not find favour with you.
For the avoidance of doubt, Order 57(3) provides: “The Speaker may, summon a sitting of the House before the date or time to which the House has been adjourned or at any date or time after the House has been adjourned sine die.”
Order 58(4) also provides: “The Speaker shall summon Parliament within a period determined by the Speaker and the requirement for a fourteen-day-notice shall not apply where there is an emergency.”
Mr. Speaker, it is important to state that this request is being brought in good faith to enable Government discharge its constitutional and democratic obligations to the people of Ghana.
In view of the fact that my earlier memo dated 8th April, 2024 was unsuccessful, the petitioners to this request are left with no option than to proceed to exercise their rights which they hereby do.
Mr. Speaker, for emphasis, I shall still quote the relevant laws upon which this request is mounted; .a Article 12(3) of the 1992 Constitution provides: “Notwithstanding any other provision of this article, fifteen per cent of members of Parliament may request a meeting of Parliament; and the Speaker shall, within seven days after the receipt of the request, summon Parliament.”
3 Order 35 also states that (1) “Despite any other provision, fifteen per cent of the Members of Parliament may request a meeting of Parliament and the Speaker shall, within seven days after the receipt of the request, summon Parliament.” (2) “Parliament shall convene within seven days after the issuance of the notice of summons.”
Respectfully Sir, we count on you to summon Parliament.
Respectfully submitted
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