News
We’re Not Interfering …1992 Constitution Is Bigger Than You – Supreme Court To Parliament
- /home/u249204778/domains/spectator.com.gh/public_html/wp-content/plugins/mvp-social-buttons/mvp-social-buttons.php on line 27
https://spectator.com.gh/wp-content/uploads/2022/03/439765286_116639.jpg&description=We’re Not Interfering …1992 Constitution Is Bigger Than You – Supreme Court To Parliament', 'pinterestShare', 'width=750,height=350'); return false;" title="Pin This Post">
- Share
- Tweet /home/u249204778/domains/spectator.com.gh/public_html/wp-content/plugins/mvp-social-buttons/mvp-social-buttons.php on line 72
https://spectator.com.gh/wp-content/uploads/2022/03/439765286_116639.jpg&description=We’re Not Interfering …1992 Constitution Is Bigger Than You – Supreme Court To Parliament', 'pinterestShare', 'width=750,height=350'); return false;" title="Pin This Post">
The Supreme Court (SC) by a unanimous decision on Wednesday, March 9, ruled that Deputy Speakers presiding over proceedings in Parliament can vote on issues and be counted as part of a quorum for decision-making.
This ruling has however been criticized by the Minority as their Leader, Haruna Iddrisu described it as “a judicial support of President Nana Akufo-Addo’s E-Levy that he is labouring to pass”.
While some critics have described it as an affront to the principle of separation of powers. Others also claim the SC has no jurisdiction.
Former President John Dramani Mahama, in his remarks, said the decision by the court can affect the independence of the legislative arm of government and could even affect deliberations in the House.
However, the Supreme Court in its ruling said: “parliamentary standing orders are subservient to the Constitution and in any case, no arm of Government or agency of the State, including Parliament, is a law unto itself because, without exception, everyone and everything in Ghana is subject to the Constitution”
According to the SC, “the Constitution in Article 2 confers on any person who alleges that an act or omission of any person is inconsistent with any provision of the Constitution the right to apply to this Court for a declaration to that effect”.
“Framers of successive Constitutions of Ghana have consistently moved in one direction, away from Parliamentary sovereignty towards constitutional supremacy, wherein sovereignty resides in the people of Ghana and no authority or institution is above the law.”
The apex court further indicated that “an allegation that Parliament has acted and/or is acting in a manner that is inconsistent with, in contravention of and/or ultra vires to the Constitution, will render Parliament, the actions, orders, rules, procedures, or practices of Parliament that contradict, are inconsistent with, or purport to confer on Parliament, powers not vested by the Constitution, will sin against Articles 1(2), 2(1) of the Constitution”.
Lawyers for former NAFCO Chief Executive Officer, Hanan Abdul-Wahab Aludiba, say they will file an appeal despite a High Court directive for the Attorney General to amend two counts of defrauding by false pretences in the ongoing case.
The court on Wednesday ordered the AG to amend the two charges in the case involving the former NAFCO CEO and co-accused, Faiza Seidu Wuni.
Reacting to the ruling, counsel for Hanan Aludiba, Godfred Yeboah Dame, expressed dissatisfaction with the decision.
“Even though they’ve been ordered to amend some of the charges, we’ll still file an appeal. I think the decision was not so sound,” he said.
The case is part of ongoing prosecutions linked to alleged financial irregularities at the National Food Buffer Stock Company (NAFCO).
The High Court’s directive means the prosecution will have to revise aspects of the charge sheet before the trial proceeds further.
Background
Counsel for former NAFCO CEO Hanan Abdul-Wahab Aludiba, led by Godfred Yeboah Dame, filed an application seeking to have the charges against their client dismissed.
They contend the charges are fundamentally flawed and violate his right to a fair trial.
The State, represented by Deputy Attorney General Dr. Justice Srem-Sai, opposed the application, maintaining that the charges are valid and that the accused ought to face trial.
Lawyers for Hanan’s wife, Faiza Seidu Wuni, led by Augustine Obour, who would also benefit if the application succeeded, yielded their time to the lead counsel for the first accused.
By Edem Mensah-Tsotorme
News
High Court rejects dismissal request in NAFCO Case, orders prosecution to amend 2 of 16 Charges Against former CEO
The High Court has declined a request by lead counsel for former National Food Buffer Stock Company (NAFCO) Chief Executive Officer, Hanan Abdul-Wahab Aludiba, to dismiss charges against him, but has directed the Attorney General to amend two of the 16 counts filed against him.
Presiding Judge, Justice Francis Apangabonu Achibonga, a Justice of the Court of Appeal sitting with additional responsibility as a High Court judge, ruled today that while the prosecution must revise Counts 9 and 14, the trial will proceed on all charges.
This means the trial of the couple will continue on a combined 20 counts.
Hanan Abdul-Wahab Aludiba is facing 16 counts, while his wife, Faiza Seidu Wuni, is facing 4 counts. Both pleaded not guilty on May 18, 2026 and are currently on bail.
Godfred Yeboah Dame, former Attorney General and lead counsel for the first accused, had argued for the dismissal of the charges. Reacting after the ruling, he said the decision was not sound and indicated plans to file an appeal.
“Even though they’ve been ordered to amend some of the charges, we’ll still file an appeal. I think the decision was not so sound,” he stated.
Augustines Obuor is lead counsel for the second accused, Faiza Seidu Wuni, whiles the Republic was represented by Dr. Justice Srem-Sai, Deputy Attorney General.
The case relates to alleged financial irregularities at NAFCO and is being closely watched as part of government’s efforts to hold public officials accountable.
The court has directed the prosecution to effect the amendments to Counts 9 and 14 before the trial proceeds further.
By Edem Mensah-Tsotorme
