Prof Asare appeals to Akufo-Addo to rescind his decision not to sign Witchcraft, Armed Forces Bills

A United States based Ghanaian Professor, Kwaku Asare has appealed to President Nana Addo Dankwa Akufo-Addo to reverse his decision not to sign the the Witchcraft and Armed Forces Bills.

He said since the president says he has no issue with the subtance of the private members bill he should go ahead and sign it.

“I will appeal to the president to rescind his decision and assent to the bill, we should all hail and celebatte what Parliament has done over the last three years on the bills.

“If you don’t have problem with subtance of the bill why do you want to negate all the work done by the people for the last three years,” Prof Asare who is also a private legal practitioner said on the Key Points on TV3 Saturday December 23.

For his part, another private legal practitioner Martin Kpebu said there was a need to go to the Supreme Court on the Bills following the refusal of the President to sign the bills.

From a look of things, Kpebu said, the President will not change his position on the matter hence the next appropriate forum to seek clearance on what Parliament can do after the president’s refusal, is at the apex court.

“From a look of things let the issue must go to SC. I don’t think President Akufo-Addo will eat back his words, he is intransigent,” he also said on the Key Points on TV3 on Saturday, December 23.

Former Attorney-General, Nii Ayikoi Otoo also made similar comment after stating that if there is a lacuna the law must be tested at the Supreme Court on what Parliament can do after the president’s refusal.

“The lacuna is, what happens when the president refuses to assent…if there is a lacuna for which somebody must test it let us do it.

“Has parliament got the powers to say let us pass it ourselves by two-thirds,” he also said on the Key Points on TV3 Saturday, December 23.

President Nana Addo Dankwa Akufo-Addo gave further reasons why he was unable to assent to the Criminal Offences Amendment and the Ghana Armed Forces Bills.

Parliament passed the bills on Tuesday, July 25.

But in a letter to Parliament, he cited financial implications on the consolidated fund as one of the reasons for not signing the bills.

“Upon a thorough review of the relevant constitutional legislative frameworks specifically Article 108 of the Constitution and Section 100 of the Public Financial Management Act 2016, Act 921, it is evident that the bill is introduced as private member’s bills by the honourable member of Parliament for Madina Constituency, Francis-Xavier Sosu do not conform with the provisions of the Constitution.

“These bills which avoid the death penalty and criminalise the activities of witch doctors retain substantial financial obligations on the Consolidated Fund and other public funds of Ghana due to the projected cost related to imprisonment, sustenance and healthcare for those who will be convicted under the days when they become law.”

“Therefore, in light of this significant fiscal impact, these bills should not have been introduced with the fiscal impact analysis. Access to such an analysis precludes these bills from being properly classified as private member’s bills. The legislative power entrusted to parliament comes with responsibilities to ensure that all enacted laws comply with the constitutional provisions safeguarding the nation’s fiscal integrity and avoiding the principles of governance.”

“Mr Speaker, it is for the above reasons that I, in preserving the sanctity of the legislative process refuse to assent with yours. I take this opportunity to reiterate my support for the contents of the bills and my intention for them to be reintroduced in Parliament on my behalf in due course. Yours sincerely, Nana Addo Dankwa Akufo-Addo,” he stated.

The President raised constitutional matters regarding the Bill when he first informed Parliament of his inability to assent to the Criminal Offences Amendment Bill 2022.

In the letter he wrote to Parliament and read by the Speaker  on Monday, December 4, President Akufo-Addo said “I am writing to you in reference to our meeting held on the 28th of November, 2023 at my office where we discussed the outstanding bills presented for assent namely; the Criminal Offenses Amendment Bill 2023, Criminal Offences Amendment number 2 Bill 2023, and the Armed Forces Amendment Bill 2023.

During our conversation, I raised specific constitutional concerns regarding these bills related to Article 108 of the Constitution, particularly the nature of these bills which were introduced into Parliament as private members’ bills rather than being presented by me or on my behalf….”

“As I indicated the content of these bills have my support, but we need to ensure that they are enacted in line with established constitutional and legislative process. After thorough consideration and in light of the constitutional issue I pointed out during our meeting, I am unable to assent to these bills.

“The concerns raised are significant and have profound implications for the constitutional integrity of these legislative actions. Any legislation we pass must be in complete alignment with the provisions of our Constitution. I intend to have these bills reintroduced in Parliament on my behalf in due course.”