The Supreme Court presided over by Justice Jones Dotse, on Wednesday affirmed the approval of the 2022 Budget without NDC MPs’ participation.

Private Legal Practitioner Justice Abdulai, in a case against the, asked the Supreme Court to interpret Articles 102 and 104 of the 1992 Constitution and declare the action of Mr. Osei Owusu to be counted as a Member of Parliament while acting as Speaker, as unconstitutional.

He also wanted the Supreme Court to declare the whole proceedings in Parliament on November 30, 2021, which led to the passage of the 2022 Budget, as unconstitutional. He contended that the Deputy Speaker should not have counted himself as an MP when he presided over proceedings.

On the other hand, the A-G believes that the quorum under Article 104 (1), which deals with the determination of matters through voting in Parliament, requires at least half of all MPs, and such a quorum is not the same as the one in Article 102.

Mr. Dame argued that unlike Article 102, which precludes a “person presiding” from being part of the quorum, Article 104 (2) precludes explicitly, “The Speaker”.

The A-G, therefore, holds the position that only the person elected as “The Speaker” of Parliament is barred from forming part of the quorum under Article 104 when presiding, and not the Deputy Speakers who preside over proceedings in his absence.

The Apex Court, comprising Justices; Jones Dotse, Nene Amegatcher, Prof Ashie Kotey, Mariama Owusu, Lovelace Johnson, Clemence Honyenuga, and Emmanuel Yonny Kulendi affirmed the arguments of the Attorney-General.

The court also struck out portions of the standing orders of Parliament which reads, “A Deputy Speaker or any other member presiding shall not retain his original vote while presiding.”