The Majority in Parliament has pointed out that the purported decision by the 137 Minority side of the House presided over by Rt. Hon Alban Bagbin in their absence as they walk out was wrong.
The Majority Leader Osei-Kyei-Mensah-Bonsu, who addressed the media on Friday, November 26, 2021 around 8:45pm, said out of mischief the Speaker quoted Article 102 on issue of quorum of parliament apart from the person presiding.
He added that the Speaker was right with Article 102 which states that there shall be one third of members of parliament; “he was right that the quorum is for the transaction of normal business, maybe statements are being made with no decision being taken so that correct number is one third can listen to it.”
“When it comes to decision making, it is not Article 102 that applies, but rather Article 104 that comes to play, you recollect that the Minority leader said they are going to invoke Article 104 it was not for anything, we thought the Speaker knew the fundamentals of the constitution”.
Article 104 clause one of the 1992 constitution say, “Except as provided in this constitution matters in parliament including this one shall be determined by a vote of the majority of members present and voting with at least half of all members of parliament present”.
The number that the Speaker quoted reflected the ‘entireship’ of the membership of the Minority caucus in parliament, but assuming that he was right, because they have cause to believe that at least two of the Minority members were not in the chamber yet the said 137 were in the chamber, the Speaker knows that at least two of them were not in the chamber, “why did he do that?”, He queried.
Even when he goes with the 137 numbers it is still less than one half of the 275 member chamber so when he put the question to 137 the Speaker should have known would not support the decision of the House.
Order 109 clause 1 “no question for decision in the House shall be proposed for determination unless there are present in the House not less than one half of the members present in the House except otherwise provided in the constitution, the question proposed shall be determine by Majority of the votes of the members present in voting”.
“I believe whoever presided should bow down his head in shame”, he added.
Kwaku Sakyi-Danso/Ghanamps.com