Ghanatodayonline.com News, Politics, Health, Education & More
Rockson-Nelson Dafeamekpor, a co-sponsor of the Human Sexual Rights and Family Values bill, disagrees with President Akufo-Addo’s decision to postpone signing the Anti-LGBTQ+ bill until the legal challenges are resolved.
Officially, the President’s Office asked Parliament not transmit the Anti-LGBTQ+ Bill to President Akufo-Addo for his approval.
In response to two outstanding motions for an order of interlocutory injunction presently pending before the Supreme Court, the request was made in a letter signed by the Secretary to the President, Nana Asante Bediatuo, and delivered to Parliament on Monday, March 18.
The letter made clear that until the issues before the court are resolved, Parliament should not move further with sending the Bill to President Akufo-Addo for any action.
The South Dayi MP asserted, however, that the president may carry out his constitutional responsibilities without being hindered by any ongoing legal action.
Speaking on JoyFM’s Top Story on March 19, he maintained that the President was not prevented from carrying out his duties in several cases when there was a legal action to contest the validity of election results.
Mr. Dafeamekpor made it clear that, in this particular case, the President’s duties, such as approving a measure, cannot be hindered by an interim injunction.
“If you read the Supreme Court decision in the dismissal of the Electoral Commissioner Charlotte Osei, no court can injunct a president from performing his functions under the constitution.
“That is why there is a presumption of regularity of performance of functions of the president until a court otherwise removes him.
“So for instance, when a president is elected into office, sworn in, and takes the oath of office, and another who contested is aggrieved and goes to the Supreme Court, what the President does until the court pronounces on the validity or otherwise of the election of that President is not declared venality. So you cannot say that because the election of the President is challenged, you can bring an action to injunct the President not to perform the functions imposed upon the office of the President,” Dafeamekpor stated.
The lawmaker also stated that the President might continue to impose his orders pending the outcome of the legal proceedings. In this particular example, he stated, the lawsuit’s outcome had no bearing on earlier occurrences.
“It can only be, going forward, the decision of the court can only be going forward but it cannot affect any decision that he takes whilst occupying that office. That is why if anybody and in any case let’s this make clear you can only challenge an act of Parliament, a bill is not an act of Parliament properly so called.
“So it only when a bill is declared unconstitutional that its effect can be challenged,” he added.
Source: Ghanatodayonline.com
