Private legal practitioner and previous Member of Parliament for the Zebilla Constituency, John Ndebugri, says President Nana Akufo-Addo acted unconstitutionally when he cancelled the December 17 referendum.
Speaking on the Citi Breakfast Show, Mr. Ndebugri demanded to know the constitutional provision on which the President took the action.
“He did not estimate any legislation that supports what he did. I was just expressing that if he is about to revoke for instance the appointment of a Metropolitan, Municipal or District Main executive, he suggests that I am executing that below Post so so and so of the Constitution. If he is going to go an Govt Instrument, he says I am issuing this Executive Instrument pursuant to posting so so so so of the Constitution. Below which regulation did he do this detail and I have mentioned that the instrument about the referendum is no a lot more inside of the authority of the Govt, it has still left there. If you go to Short article 290, it is very clear the Government has finished its function. It gazetted this thing six months in the past,” Ndebugri argued.
President Nana Addo Dankwa Akufo-Addo in a brief handle to the country on Sunday, December 1, 2019, cancelled the December 17 countrywide referendum which was intended to make your mind up on an modification of Write-up 55 (3) of the Constitution to help political get-togethers to sponsor candidates through regional level elections.
He also directed the Minister of Local Federal government and Rural Advancement, Hajia Alima Mahama, to withdraw from Parliament a Bill trying to get to amend Report 243 (1) to empower Ghanaians to elect their Metropolitan, Municipal and District Main Executives (MMDCEs).
Mr. Ndebugri on the Citi Breakfast Clearly show argued that the Community Government Minister does not have the energy to withdraw the Monthly bill because it was no for a longer period with Parliament but somewhat the Electoral Commission.
He insisted that, going at the rear of the EC to cancel the referendum is an indication that the electoral body is not genuinely independent.
“…The Bill is no much more before Parliament, that is what I am stating. The Bill is now before the Electoral Commission. If we experienced a definitely impartial Electoral Fee, if I have been in control of the Electoral Fee, I would dismiss this and go ahead and perform the referendum and report to Parliament. That is what independence indicates,” he stated.
The President attributed the selection to the absence of “a sturdy national consensus” on the make any difference following consultations.
“In these situation, I am persuaded that it will not provide the general public curiosity to go in advance with the keeping of the community referendum on 17th December even though I believe a powerful marketing campaign for a Certainly vote would have succeeded. This is not the variety of environment in which the repeal of an entrenched provision of the Constitution must choose area.”
He also directed the Regional Govt and Rural Improvement Minister, Hajia Alima Mahama to withdraw the Bills seeking to amend Content articles 55 (3) and 243 (1).
“It is with deep regret that I have provided recommendations to the Minister of Neighborhood Federal government and Rural Development…to abort the procedure and see to the withdrawal of the Charges for the amendment of the constitutions equally in respect of Article 243 (1) and Report 55 (3).”
Mr Ndebugri experienced previously indicated that even the final decision to connect with off the referendum was no lengthier in just the energy of the government or legislature.
“The referendum can’t be withdrawn or postponed. If a final decision is taken to amend an entrenched clause of the 1992 structure, the government will publish the intention in the gazette six months in progress and then lay the bill ahead of Parliament for the Household to refer it to the Council of State. The Council will consider the proposal and guidance for or against. Then it goes back again to Parliament for the Electoral Commission to set the concern just before the country as a result of a referendum. We have passed via all that and so the subject is no more time within just the ambit of the Govt. It is even not within just the powers of Parliament mainly because it is now with the Electoral Commission.”