Judgment affirming Deputy Speakers’ right to vote ‘constitutionally correct’ – H. Kwasi Prempeh

The Executive Director of the Ghana Center for Democratic Development, Prof. H. Kwasi Prempeh has backed the Supreme Court Judgement affirming the right of Deputy Speakers of Parliament to vote.

In a statement on the matter, he described it as “a constitutionally correct decision, no matter what one might feel about the outcome politically.”

The judgement was given in a case brought by a law professor, Justice Abdulai, who was contesting the First Deputy Speaker of Parliament, Joseph Osei-Owusu’s, decision to count himself for a vote on the budget.

The judgement backed the position of Mr. Osei-Owusu, who defended his decisive vote in the approval of the 2022 budget, although he was presiding as Speaker.

Though it has not been the custom for deputy Speakers to vote in Parliament, Prof. Prempeh argued that “the longevity of a practice does not cloak that practice with constitutionality.”

“No matter how longstanding a practice, its constitutionality cannot be established or presumed until and unless it is challenged in an appropriate constitutional case. Thus, the fact that this is how Parliament has done its business all this while is not a good enough argument, constitutionally speaking.”

Prof. Prempeh also feels that the influence of the Deputy Speakers has been overestimated in the controversy.

“Presiding does not, in and of itself, present much of a conflict of interest to cause a Deputy Speaker to forfeit their vote, especially if he or she were to be required by House rules to vote last or cast a vote only when there’s a tie.”

As a possible solution to the controversies in Parliament, Prof. Prempeh proposed that “if we do not want presiding Deputy Speakers to vote, the solution is simple: Don’t let them be MPs. Make them like the Speaker; not an MP and, therefore, not entitled to vote.”

“As long as presiding Deputy Speakers are, first and foremost, MPs elected to represent communities of voters in Parliament, Parliament cannot reasonably deprive them of their right to vote merely by virtue of the fact of presiding over a sitting of Parliament.”

This notwithstanding, Prof. Prempeh said there isn’t a need for a constitutional amendment for his proposal.

“There’s nothing really wrong with both Deputy Speakers being MPs and retaining their vote when they preside. This is why we must take the Constitution seriously when it says that the 1st and 2nd Deputy Speakers must come from different parties.”

“That way, the rival parties in Parliament will each have one Deputy Speaker, both of whom get to vote when they preside,” he added