I. K. Gyasi
12 January 2009
opinion
I AM very happy to note that my worst fears were not realised, when the first meeting of the Fifth Parliament of the Fourth Republic took place without a hitch within the Chamber of Parliament on Wednesday, January 7, 2009.
Readers might recall the dishonourable, disgraceful and highly 'unparliamentary' episode that happened on January 7, 2005, when the Fourth Parliament met to transact just a single business - that of electing the Speaker and two Deputy Speakers.
It was a serious case of breach of faith and suspected electoral fraud, allegedly indulged in by Honourable Members of Parliament.
Article 95 (1) of the Constitution states: "There shall be a Speaker of Parliament who shall be elected by the members of Parliament from among persons who are members of Parliament or who are qualified to be elected as members of Parliament."
While the person elected Speaker may be a Member of Parliament, he could also come from outside Parliament. On the other hand, in the case of the two Deputy Speakers, the Constitution clearly specifies that they shall both be members of Parliament, provided that both of them shall not be members of the same political party (Article 96(1).
Though the Constitution uses the word 'elected', our parliamentary practice has created the convention that the majority side shall propose the name of the would-be Speaker, and that there would be no nomination from the minority side in opposition to the nomination by the majority side.
That is how come the late Mr. Justice D. F. Annan served two consecutive terms, from 1993-1996 and 1997-2000, under the Administration of the National Democratic Congress (NDC).
When the New Patriotic Party (NPP) came to power after the 2000 elections, the Majority side nominated the late Mr. Peter Ala Adjetey, a very prominent lawyer and one time National Chairman of the NPP.
When the NPP again won the election of 2004, the majority decided not to retain Mr. Adjetey, but chose Mr. E. Sekyi-Hughes, a Sekondi-based lawyer.
Under the behind-the-scenes consultations and agreements, the nomination of Mr. Sekyi-Hughes would not be opposed by the minority. The quid pro quo was that Mr. Freddie Blay of the Convention People's Party (CPP) would be made First Deputy Speaker, while Mr. Ken Dzirasah of the NDC would be made Second Deputy Speaker.
On the flimsy, spurious and untenable grounds that the minority had not been sufficiently informed about the new name, they (the Minority) broke the Gentleman's Agreement and the parliamentary convention by actually nominating Mr. Adjetey, the very person whose nomination in 2005 had not gone down well with the NDC minority.
In the elections which took place, there was the allegation that instead of 230 ballot papers, there were 231. Were there 230 or 231 ballot papers? Had an overzealous member from the majority side smuggled in an extra ballot to ensure victory? Or had an evil-minded member from the minority side also slipped in an extra ballot just to cause confusion and a delay in the swearing-in of the re-elected President? Had the staff of Parliament made a mistake?
Because the minority had broken the agreement, the majority also went back on their word, and actually proposed Alhaji Malik Yakubu Alhassan of the NPP. Mr. Dzirasah lost an opportunity as Parliament elected Alhaji Alhassan and Mr. Freddie Blay.
This time, the perfidy of 2005 was not repeated. Honourable Alban Bagbin, now the Majority leader, proposed Mrs. Justice Joyce Bamford-Addo, an elderly lady who had retired as a Supreme Court Justice. There was no nomination in opposition. Instead, the NPP, led by its Minority Leader, Honourable Osei Kyei Mensah Bonsu, seconded the nomination.
When it came to the nomination of Honourable Doe Adjaho for First Deputy Speaker and Honourable Professor Mike Oquaye for second Deputy Speaker, once again, there were no nominations in opposition. It was all smooth sailing.
Still, Honourable Mensah Bonsu, the Minority Leader, could not resist a dig or two at the new Speaker.
In seconding the nomination, he stated that unlike another place where technicalities could overcome the truth, Parliament was not the place for that. He hoped that the new Speaker would be guided in her work by her conscience, the Rules of Parliament, and the Constitution.
For those who knew the background, Honourable Mensah Bonsu's statement was an oblique reference to the opinion that Mrs. Justice Joyce Bamford-Addo is reported to have uttered in the case of contempt of court involving Lawyer Kwabena Mensah-Bonsu.
In answer to the plea that what Lawyer Mensah-Bonsu wrote was the truth, the learned Justice is reported to have stated that the truth had nothing to do with a case of contempt of court.
The Minority Leader also caused some embarrassment when, quoting chapter and verse from the Rules of Parliamentary Procedure, he diplomatically told the new Speaker that it was not the duty of the Majority Leader, but that of the Speaker to inform members where the next sitting of Parliament would be.
This was after the Speaker had asked him (the Majority Leader) where Parliament would sit next. The Majority Leader tried to wriggle out of the embarrassment with some clever verbal footwork.
The "mischievous" Minority Leader had one more statement, this time at the expense of his fellow members. He told them that the correct response was, "Hear, Hear", and not "Yee, Ye".
Whether it was her natural difference or due to newness in the job, the Speaker clearly showed that it was all different being in the Supreme Court from being in Parliament.
She said, "Order, Gentlemen", instead of "Order, Honourable Members." After all, there were women members as well.
It was obvious that neither the Majority side nor the Clerk of Parliament had given her enough prior briefing before she took her seat. I found it embarrassing that the Clerk had to be constantly at her right shoulder to tell her what to do next.
Having a woman as Speaker for the first time, also created a situation where she was addressed variously as "Mr. Speaker", "Mrs. Speaker" and "Madam Speaker." There is some learning to be done on both sides.
By the way, Mrs. Justice Joyce Bamford-Addo did not marry "one Mr. Abankwa", as reported by The Chronicle of Wednesday, January 8, 2009. Her late ex-husband's name was Mr. K. A. T. Amankwah, one of the most prominent Kumasi-based lawyers. When Mrs. Justice Bamford-Addo attended the funeral of Mr. Amankwah at Bekwai, Ashanti, I was introduced to her in connection with an article I had written about Dr. Ruby Amankwah, her daughter, and Mr. I. K. Agyei-Mensah, one time Regional Minister of the Brong Ahafo Region. I wish her well.
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