Month: May 2022

Member of Parliament for Tamale South Mr. Haruna Iddrisu on Tuesday, May 24, 2022 gave an overview of Ghana’s Parliament when an eight (8) member delegation from the Republic of Zambia on benchmarking tour called on the Speaker of Ghana’s Parliament Rt. Hon Alban Kingsford Sumana Bagbin.

Members of the Zambia National Assembly Standing Orders Committee were led by their Speaker Rt. Hon Ms Nelly Mutti MP. Other members were Leader of the Opposition Brain Mundubile MP, Majority Whip Stafford Mulusa MP, Machila Jamba MP, Nickson Chilangwa MP, and Jacqueline Sabao MP and other parliamentary supporting staffs.

The Minority Leader pointed out to the delegation that in Ghana at the start of very Parliament, a speaker is elected and one who qualifies to be a Speaker should qualify to be a Member of Parliament and if you are an MP and elected a speaker you have to resign your position as an MP.

Again, Ghana’s constitution is a fusion of mix based on the West Minister and the American Executive presidential system and Article 78 of the 1992 Republican Constitution allows the president to constitute a government among members of Parliament. Fifty percent of Ministers shall come from Parliament and appointing authority of Ministers of states is vested in the president. In Ghana the Speaker of Parliament chairs the Standing Order Committee and the Speaker is assisted by two Deputy Speakers.

“We have an interesting Supreme Court ruling you might have read that Deputy Speaker presiding has a casting vote, the Rt. Hon Speaker sent me on an assignment to India over there the Deputy Speaker does not have a voting right whiles presiding”. Mr. Iddrisu further told the Zambia delegation the President of the Republic of Ghana in consultation with the judicial council appoints judges to the Supreme Court, Appeals and High courts.

In Parliament the Business Committee programmes activities for the ensuing week which is chaired by the Leader of Government Business and there is a Select Committee which reflects the various sectorial Ministries. There are some decisions of the House that requires simple majority whiles others require two third majority. In the case of regulation being brought to the House a parent Act must come to the House 21 working days.

Also, in the case of rejecting a business of the House, it requires two third majority endorsement in the House. On government borrow, it has to come to the floor of the House for approval as stipulated under Article 181 clause 1 to 5 of the 1992 constitution.

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The Minority in Parliament has accused government of breaching the current law regulating land use and partial planning in Ghana – Land Use and Spatial Planning Act, 2016 (Act 925) following the release of the Executive Instrument 144, the Forests (Cessation of Forest Reserve) Instrument, 2022 issued “By Command of the President” and signed by the Minister for Lands and Natural Resources.

The said Executive Instrument 144 is claimed to be made in exercise of the power conferred on the President by section 19 of the Forest Act, 1927 (CAP. 157).

The Minority in a statement signed by the Minority Leader, Haruna Iddrisu noted that they are aware of attempts being made by the “NPP Government to justify the patently flawed change of use or re-zoning of the Achimota Forest Reserve”.

The minority opined that “Section 90(1) of Act 925 provides that: “Where a provision of this Act is in conflict with any other enactment relating to land use, the provision of this Act shall prevail.” Section 93(4) of Act 925 which relates to the change or use or re-zoning of a public space, states unequivocally that: “… the change of use or re-zoning of a public space shall be subjected to approval by Parliament.”   Section 198 of Act 925 interprets “public space” to mean a “generally open area accessible to and used by the public including resource lands … natural park areas, forests, urban parks, recreational areas…”. Therefore, beside the role of the District Spatial Planning Committee, Parliamentary approval is, therefore, a requirement for the change of use or re-zoning of the Achimota Forest Reserve area. Section 96 of Act 925 requires that the re-zoning to be done before Government can convey the land to any person.

“It is well known that Article 257(1) of the 1992 Constitution vests public lands “in the President on behalf of, and in trust for, the people of Ghana.” The definition of “public lands” in Article 257(2) undoubtedly covers the Achimota School Reserve area. Holding such lands in trust also means the President must comply with the laws of Ghana.  The said E.I. 144, which seeks to change the use or re-zone the Achimota Forest, which is a public space, has no legal basis and should be disregarded by all.”

According to them, it is remarkable that the President seeks conveniently to use provisions in an outdated colonial law, while disregarding current law, to dispose of parts of the Achimota Forest Reserve against the will and interest of the Ghanaian people, describing it as a clear abuse of trust.

They therefore calls on President Nana Akuffo-Addo to do what is right and proper by respecting the provisions in the Land Use and Spatial Planning Act, 2016 (Act 925) and the letter and spirit of the 1992 Constitution of actually holding public lands on behalf of, and in trust for, the people of Ghana.

“It would be in the President’s own interest and the interest of his Government simply to revoke the E.I. 144 instead of, once again, showing contempt for the laws of Ghana and the interest of the Ghanaian people”, the statement admonished.

Read Below the full statement:

STATEMENT BY MINORITY LEADER, HON HARUNA IDDRISU ON THE ALLEDGED CHANGE OF USE AND RE-ZONING OF THE ACHIMOTA FOREST

The Minority Caucus of Parliament has noted the Statement by the NPP Government to justify the patently flawed change of use or re-zoning of the Achimota Forest Reserve.

The Executive Instrument numbered 144, the Forests (Cessation of Forest Reserve) Instrument, 2022 issued “By Command of the President” and signed by the Minister for Lands and Natural Resources, claims to be made in exercise of the power conferred on the President by section 19 of the Forest Act, 1927 (CAP. 157). However, the current law regulating land use and spatial planning in Ghana is the Land Use and Spatial Planning Act, 2016 (Act 925). It is clear that the Executive Instrument 144 is in breach of the provisions of Act 925.

Section 90(1) of Act 925 provides that: “Where a provision of this Act is in conflict with any other enactment relating to land use, the provision of this Act shall prevail.” Section 93(4) of Act 925 which relates to the change or use or re-zoning of a public space, states unequivocally that: “… the change of use or re-zoning of a public space shall be subjected to approval by Parliament.”   Section 198 of Act 925 interprets “public space” to mean a “generally open area accessible to and used by the public including resource lands … natural park areas, forests, urban parks, recreational areas…”. Therefore, beside the role of the District Spatial Planning Committee, Parliamentary approval is, therefore, a requirement for the change of use or re-zoning of the Achimota Forest Reserve area. Section 96 of Act 925 requires that the re-zoning to be done before Government can convey the land to any person.

It is well known that Article 257(1) of the 1992 Constitution vests public lands “in the President on behalf of, and in trust for, the people of Ghana.” The definition of “public lands” in Article 257(2) undoubtedly covers the Achimota School Reserve area. Holding such lands in trust also means the President must comply with the laws of Ghana.  The said E.I. 144, which seeks to change the use or re-zone the Achimota Forest, which is a public space, has no legal basis and should be disregarded by all.

It is remarkable that the President seeks conveniently to use provisions in an outdated colonial law, while disregarding current law, to dispose of parts of the Achimota Forest Reserve against the will and interest of the Ghanaian people. This is clearly an abuse of trust.

The NDC Minority therefore calls on President Nana Akuffo-Addo to do what is right and proper by respecting the provisions in the Land Use and Spatial Planning Act, 2016 (Act 925) and the letter and spirit of the 1992 Constitution of actually holding public lands on behalf of, and in trust for, the people of Ghana. It would be in the President’s own interest and the interest of his Government simply to revoke the E.I. 144 instead of, once again, showing contempt for the laws of Ghana and the interest of the Ghanaian people.

We call on the President, H. E. Nana Addo Dankwa Akufo-Addo to, in accordance with Article 278 of the 1992 Constitution, appoint an Independent Commission of Inquiry into all the matters relating to the Achimota Forest land saga.

The NDC Minority shall continue to seek the best interest of the Ghanaian people.

SIGNED

HARUNA IDDRISU

MINORITY LEADER

24 May 2022

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There are sixty-nine (69) Bills expected to be presented as the House starts its second meeting of the second session of the eight (8) Parliament of the fourth Republic. Among the Bills to be presented are Affirmative Action Bill, 2022, Intestate Succession Bill, 2022, Aged Person Bill, 2022 and Rent Bill, 2022.

There are a total of ten (10) Bills at the Committee level which include Ghana Hydrological Authority Bill 2021 with the Committee on Works and Housing, Ghana Standards Authority Bill, 2021 with Trade, Industry and Tourism Committee, Exemptions Bill, 202 at the Finance Committee, National Pensions (Amendment) Bill, 2021 with Committee on Employment, Social Welfare and State Enterprises, as well as Criminal Offences (Amendment) Bill, 2021 with Constitutional, Legal and Parliamentary Affairs Committee.

The House is also expected to host the President of Mozambique H. E. Filipe Jacinto Nyusi and Rt. Hon Ms Nelly Mutti, the Zambian Speaker.

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Majority Leader Osei-Kyei-Mensah-Bonsu said there is the need for the  1992 Republican constitution to be looked at holistically as some public officers have been excluded from the assert declaration regime.

According to him public officers like the Metropolitan, Municipal and District Chief Executives as well as officers of the Economic Crime Office and Council of State members have been excluded the practise.

He noted that Article 285  sub-section 5 on assert declaration wants assert lodged with the Auditor General, but unfortunately the Auditor General cannot open the envelop. The Auditor General would not open it based on how the constitution has captured it, he noted.

He said the whole idea of lodging it with the Auditor General is for the purpose of those public offices to respond to their tax liabilities; but unfortunately the Auditor General is disabled due to the construction of the Ghanaian constitution.

And further noted that the clause is an entrenched position and for the review of the constitution no one should see his call for the review of the constitution as doing that through the back door.

He made this remarks on Tuesday, May 24, 2022 as he welcomes his colleagues back from recess.

He further pointed out that he disagree with the point made by the Minority Leader Haruna Iddrisu for a rule to me made so that no government borrow beyond  70 per cent of GDP; but rather the point should be made that you cannot borrow beyond 6 per cent within a period of four years of a government.

On the issue of flooding within the national capital, he noted that there is the need for more education and the Assemblies should be up and doing because they are the ones who grant permit for people to build and they build in water ways which is usually the cause for the flooding.

Touching on the proposal by the Rt. Hon Speaker Alban Kingsford Bagbin on recent ruling of the voting right of a Deputy Speaker as some disagree, parliament would create a platform for those in academia and civil society to look at the matter, adding that he was not comfortable with it.

“I have no idea who the civil society operatives are or who the members of the academics are; one can hope that the persons nominated are going to present a very balanced analysis and not yield to other terminations and come to disparage the Supreme Court”, Mr. Kyei-Mensah stated.

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Minority Leader Mr. Haruna Iddrisu at the commencement of the second meeting of the second session of the 8^th Parliament of the 4^th Republic on Tuesday, May 24, 2022 said Parliament should make it a point to ensure no government borrows beyond 70 per cent of its Gross Domestic Product (GDP).

According to him there should be collective effort to improve the lives of Ghanaians as Ghanaians are currently suffering and hence lawmakers even had to run out of their constituency earlier than the House resumes.

“There is increasing high cost of living and doing business, the House must look at some matters of public importance; Parliament must set the rules on borrowing. We are a country nearing bankruptcy; we should take a decision as a House to cut down on how government should borrow”.

Mr. Iddrisu further cautioned that the current leader President Nana Akufo-Addo’s government should not collateralize state resources, whether it is Ghana Education Trust Fund, as prospect of the future government should be endangered.

He asserts that the future government being the Minority Party National Democratic Congress (NDC) government should have access to resources to govern properly whiles they assume office come early January 2025.

Touching on the Monday evening rains leading to flooding in Accra, he recounted that the former Minister of works and housing, Samuel Atta Akyea suffered a faith of non-performing because he did not get adequate resources because it was not made available to him to deal with the eminent threat of flooding.

“Leader of government business, remind the President that for the first time he should show the will to reshuffle his cabinet to allow the government to move”, he said on the floor of the House to welcome his colleagues back from recess.

He assured the House that the Minority would support the Speaker to deepen accountability and  transparency, despite the fact that they are struggling with financial resources; “I hear parliament is suffering from 50 percent cut release”.

Again, he emphasised that Ghana’s democracy would have to survive the threat of monetization, with the ruling New Patriotic Party (NPP) conducting their internal election his party would follow soon.

“I have evidence that I was under paid but I am told I have been over paid, we would bring this matter to a closure, I understand that it was an administrative error which was situated in 1993, the Auditor General has commented on this issue, my integrity has been touched, I would have a final clarification on this matter”, he stated.

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The Member of Parliament (MP) for Ho West Constituency, Emmanuel Kwasi Bedzrah has embarked on a day’s visit to inspect some on-going developmental projects in his constituency. According to him the tour was to let him have first-hand information on progress of work and listen to the needs of works on the ground.
He first visited Anfoeta Tsebi D.A. Junior High School where the MP is refurbishing their facilities to meet the needs for the increasing number of students. Since 2018 when Master Prince Awutey, an old student from the school and product of Ho West Basic Schools’ Annual Quiz Competition was recognised as the best BECE candidate from Volta Region, there has been a continues influx of students from nearby communities.

The MP and his team then moved to inspect a workshop which has been completed to be commissioned and a school canteen under construction for the Amedzofe Technical Institute.
Other projects he inspected include a store under construction for the District Health Directorate at Dzolokpuita and maternity ward at Dodome Teleafenu Health Centre which he may commission by end of this month.

His final visit took him to Ashianti Kpoeta to inspect a 3.5km road he is constructing to connect the community to Adofe. This project is expected to reduce the distance between the two communities and more importantly to open them up for economic activities.

Mr. Emmanuel Bedzrah was impressed with the level of work done so far and entreated the workers to keep to the timeline and to ensure early completion of all projects to serve their respective objectives and to improve the living conditions of the beneficiaries.

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