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Former Deputy Minister for Local Government and Rural Development, Edwin Nii Lante Vanderpuye has said Metropolitan and Municipal Chief Executives should be blamed for flooding being experienced in Ghana’s capital city. According to him the local authorities have reneged on their responsibilities and forgotten that they are the ones mandated to ensure every development in the towns and capitals conform to the special planning of a particular area.

“The law says before anyone put a structure the person must seek development and building permit because the Assemblies would have to ensure that what one is going to do conforms to the overall planning of the area and they have the appropriate building materials”. And what one is going to do would not cause any further harm to any other person or affect the total development of the area. “Again, if people are building in areas they are not supposed to build, in water ways and roads and causing flood in the city, I would solely blame the MMAs”, he said in an interview.

He emphasised that Chief Executives are being paid to make sure laws are enforced and people comply with the laws; and if people who are mandated by law to ensure effective implementation do not do their work and allow these things to happen they are liable, he stated. Mr. Edwin Vanderpuye was again quick to add that politicians are also part of the problem because they do not allow the local authorities to carry out their work the way they want to as they want to influence the work of the Assemblies.

“The Politician would first call the DCE, MCE and the physical planner to direct a particular project which is ether theirs or related to them to be allowed to continue. This, he noted leaves such officers to renege on their responsibilities. “People who are in responsible position who are supposed to know what is right and wrong are those facilitating these things”, he lamented.

Again, there are issues of people throwing rubbish into the gutters and dumping anywhere, and despite that still the responsibility of the Assemblies. “If the Assemblies were doing their monitoring work well, those who throw rubbish into the gutters would be arrested and prosecuted, and seriously speaking I blame ineffective local governance system in the country for our owes”.

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Mr. Frank Annoh Dompreh, Majority Chief Whip has described as unfortunate the Speaker’s directive to the House that unless the finance Minister comes to the House to render account in relations to earlier releases to the COVID-19 fight, he (Speaker) would not allow for the motion to be taken in respect of the 75 million Euro being sought for towards COVID-19”.

He said the Speaker has no persona on his own; such decisions have to be the sense of the House for him to communicate the sense of the House, “he cannot communicate his own decision”, he stated.

“Remember the Speaker is not a member of parliament, we are members; he is presiding and is expected to convene the sense of the House. The sense of the House at that time was that the question should not be put; it was not that unless the Finance Minister comes to the House to render account”.

He explained that “I have moved a motion for the question not to be put; there had been debate and the Speaker was at the verge of putting the question, I move that he should not put the question because there was the need for some consultations.

He disclosed that the Finance Minister is not running away from accountability; and the impression should be corrected, adding that when the Majority Leader returns they were going to engage the Speaker.

“We do not want to have a banter with the Speaker where we find that things need to be straighten we would find a diplomatic way of doing that, reaching out so that we have peace for the progress and execution of work of the House”.

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The majority chief whip, Frank Annoh- Dompreh has corrected the impression created by the Speaker of Parliament; Rt. Hon Alban Kingsford Sumana Bagbin that parliament is broke

 According to him, if only the Speaker had exercised a little bit of patience, that communication would not have come out.

He indicated that at the time the Speaker was making the comment, GHC25 million had been released and was going through the process to hit the account of parliament around 3:00pm on Thursday, May 26, 2022.

And it was not long after the Speaker’s comments that the money hit the account.

He was of the view that there was no way the finance ministry could have released money to hit the account of Parliament after the Speaker’s comments, adding that perhaps the Speaker was not properly briefed before he made his comment.

He also asserts that not only had parliament received its money but the National Health Insurance Authority also received GHC50 million from the finance Ministry.

Mr Dompreh added that the comment of the Speaker creates a certain image of the country which is not too good in the face of the fact that releases have been done.

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The Ranking member of the Privileges Committee George Kweku Ricketts-Hagan said due to some development within the workings of the Committee, they might have to ask the Rt. Hon Speaker for extension of time as they have been given two weeks to work on three absentee Members of Parliament referred to them.

According to him they are hoping that when they give good reasons to the Speaker he would be able to grant their wish.

In an interview on Thursday, 26 May 2022 the Raking member of the Committee pointed out that they were able to meet Hon Henry Quartey but it was for a brief period. The initial meeting which was supposed to start around 11:00am had to be pushed to midday.

But had to again be moved again to 2:00pm but the Greater Accra Regional Minister informed the Committee he had an appointment around 2:00pm for which reason they could not conclude on their brief meeting.

Mr. Henry Quartey indicated to the Committee that he had to travel for a week and in that case a new date had to be given to him.

Reason being the Second Deputy Speaker was not available in the House, and the Rt. Hon Speaker Alban Kingsford Sumana Bagbin who was chairing proceedings in the House had to leave and attend to a delegation visiting the House from Canada.

And the chairman of the Privileges Committee, the first Deputy Speaker Joseph Osei-Owusu had to move to the chamber to chair proceedings.

Mr. Hagan further noted there has been some development; his colleagues from the Majority side are having their internal regional elections and the first Deputy Speaker would not be around on Friday, May 27, 2022 so there would be no meeting.

“We were actually supposed to meet Sarah Adowa Safo and because of the sensitive nature of those who are supposed to appear before the Committee has to do with medical records, we did not want to start and along the line we say hold on this issue is sensitive let us not allow the cameras; it is a private issue and there was consensus on it so not even a vote was taken”, he added.

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The Privileges Committee of Parliament held its first meeting on Wednesday, May, 25, 2022 to set modalities on referrals made to the Committee on the three absentee lawmakers. In an interview with the Raking member of the member of the Committee George Kweku Ricketts-Hagan he noted that the first meeting was to plan how they were going to conduct the hearing of the MPs to appear before them.

And added that it is the duty of the clerk of the committee to communicate to them and that has been done and he is aware they have gotten a response from the Assin Central lawmaker Kennedy Agyapong. He would be available on May 31, 2022 because he is in the US on medical grounds and would be the last to be heard.

As to whether they have heard from the Dome/Kwabenya Member of Parliament Sarah Adwoa Safo, he said; “I do not know anything, I am now going to the meeting, this is the first meeting for the referral made by the Speaker and we would know at the meeting”.

Mr. Ricketts-Hagan further pointed out that he has been in touch with the chairman of the Committee and they have been talking and planning: and it’s time to meet the extended group. As to whether they would allow the media to have public hearing he noted that it would be determined at their first meeting.

On Mr. Henry Quartey of Ayawaso Central who was passing whiles he was granting the interview, he noted that he has seen him in the chamber and can be seen passing means he is available.

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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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