The Speaker of Parliament, Mr. Alban Sumana Kingsford Bagbin, has constituted an eight-member ad hoc committee to consider the Motion of Vote of Censure against the Finance Minister, Mr. Ken Ofori-Atta.
The group, which is expected to report back to the House within seven working days, has been clothed with the powers to primarily hear the evidence that will be submitted by the movers of the motion, the Minority Caucus, against the Finance Minister.
They are also expected to give the Minister the opportunity to present his defence with respect to the allegations being leveled against him.
The group is made up of four Minority members and four Majority members. The Minority side consists of the Co-Chair, Mr. Dominic Ayine, MP, Bolgatanga East, Madam Zenator Agyemang Rawlings, MP, Klottey Korle, Mr. Bernard Ahiafor, MP, Akatsi South, and Mr. Samuel Okudzeto Ablakwa, MP, North Tongu.
From the Majority side, Mr. K.T. Hammond, MP, Adansi Asokwa, was nominated to Co-Chair, while Mr. Patrick Yaw Boamah, MP, Okaikwei Central, Mr. Kwame Anyimadu-Antwi, MP, Asante Akim Central, and Mr. Egyapa Mercer, MP, Sekondi.
The committee was put in place after the motion was moved by the Minority Leader, Mr. Haruna Iddrisu, and seconded by Mohammed Muntaka Mubarak on the floor yesterday.
Stating the premises for the formation of the ad hoc committee, Speaker Bagbin quoted Standing Order 106(1) in support of his decision.
Order 106(1) states: “The House may pass a resolution to remove the President, the Vice President, Mr. Speaker and Deputy Speakers and a vote of censure on a Minister of State. The House may consider such motion and come to a decision or refer it to a Committee on a motion made by any Member.”
“…And that is why I will be referring it to a committee,” the Speaker said.
The other reason he gave to support his stance was that portions of the Standing Order also gave the Minister the right to appear before the Committee with a counsel.
Order 106(1)(f) states that “during prior proceedings in a Committee appointed in that behalf the President or the Vice President shall be entitled to be heard in his defence either by himself, by counsel or by an expert as the case may be…”
Speaker Bagbin said that the counsel only appears before the committee and not on the floor of the House.
Right to a fair hearing
Prior to constituting the committee, Mr. Afenyo Markin, Deputy Majority Leader and MP for Effutu, raised some preliminary issues with regards to the motion.
He premised his submission on Article 3(4) (a) of the 1992 Constitution, which states that “All citizens of Ghana shall have the right and duty at all times- (a) to defend this Constitution, and in particular, to resist any person or group of persons seeking to commit any of the acts referred to in clause (3) of this article…”.
He indicated that the grounds upon which the motion was moved was not made available to the Minister and so Parliament would be condoning a wrongdoing if it proceeded to consider the motion founded on grievous allegations.
He also said there would be a parliamentary attack on the constitutional requirements of a fair hearing if the House proceeds to hear, debate, and determine the motion without first putting in place a procedure for hearing the defense of the Minister.
But in a rebuttal, Mr. Mahama Ayariga, MP, Bawku Central, indicated that Article 82(4) of the 1992 Constitution gave the Minister the right to a fair hearing.
Article 82(4) states that “A Minister of State in respect of whom a vote of censure is debated under clause (3) of this article is entitled, during the debate, to be heard in his defence.”
Speaker Bagbin also gave the assurance that the Finance Minister would be given ample opportunity to defend himself.
