Supreme Court dismisses as moot Richard Sky’s case on budget approval

The Supreme Court today, March 16, 2022, heard the case filed by private legal practitioner, Richard Dela Sky, seeking clarification on the conduct of Parliament following the rejection and subsequent approval of the 2022 budget.

A nine-member panel of the Supreme Court, presided over by Justice Yonny Kulendi which heard the case, ruled that the apex court had already made a determination on Article 102 and 104 of the 1992 Constitution with regards to quorum in Parliament, hence cannot make any judgement on the case at hand.

The court has therefore directed the lawyer of Richard Dela Sky to acquaint himself with the aforementioned ruling to appreciate the stance of the Supreme Court.

Broadcaster, Richard Dela Sky, in the suit, which focused on the rejection of the 2022 budget on November 26, 2021, was, among other things, seeking from the Supreme Court a declaration that upon a true and proper interpretation of Article 104(1) of the 1992 Constitution of the Republic of Ghana, the Speaker of Parliament shall, unless otherwise required by the 1992 Constitution, at all material times ensure that at least half of all the Members of Parliament of Ghana are present in Parliament at the time of a determination of any matter by Parliament.

He was also seeking a declaration that upon a true and proper interpretation of Article 104(1) of the Constitution, the Speaker of Parliament’s decision on 26th November 2021 to invite MPs to determine the matter of whether or not to accept or reject the 2022 Budget Statement and Economic Policy of the Government of Ghana, when he [Alban Bagbin] knew or ought to have known that at all material times there were less than half of all the Members of Parliament present, violated Article 104(1) of the Constitution, especially so when the Speaker had announced immediately before the vote was taken that there were 137 Members of Parliament of Ghana present in Parliament out of the total number of 275 Members of Parliament of Ghana.

But, in the court’s view, all matters relating to quorum had already been determined in the Justice Abdulai vs Attorney General case on March 9, 2022.

Attorney General, Godfred Dame, had no objection to the decision of the court, stating that what the plaintiff is seeking for is all encompassed in the earlier judgment of the court in the Abdulai case.

Richard Dela Sky, who was in court, is yet to make any official statement on the ruling.

In a similar case last week, the Supreme Court pronounced, allowing a presiding deputy speaker or Member of Parliament to be part of the quorum for business, and also, to vote on the business of the house.