GhanaWeb Feature

Ghana's legislative arm has been at the centre of attention this week, with less than two months to the 2024 general election, over the ongoing debate about which political party will form the Majority Caucus in Parliament.

The Speaker of Parliament, Alban Bagbin, suspended parliamentary proceedings just a week after the House reconvened. This followed the Supreme Court's order to stay his declaration of four seats vacant, which would have made the opposition National Democratic Congress (NDC) the Majority Caucus in Parliament.

The Supreme Court's decision was in response to an application filed by the leader of the New Patriotic Party (NPP) MPs, Alexander Afenyo-Markin. He argued that the Speaker erred in his declaration and that allowing the NDC to form the Majority Caucus could hinder the Nana Addo Dankwa Akufo-Addo government from operating effectively.

NPP MPs fear that Bagbin's decision could lead to government business in Parliament being obstructed, causing potential disruptions in the management of the country's affairs.

But are the NPP's concerns warranted? Could an NDC Majority indeed obstruct the government's legislative agenda in the House?

What matters are before Parliament for consideration?

Several key issues await deliberation in Parliament that could be significantly impacted by the current brouhaha, including:

1. The approval of the 2025 Budget and Economic Policy Statement.

The approval of the 2025 Budget is one of the key government businesses that is in danger of not being done.

Article 179 of the 1992 Constitution and Section 21 of the Public Financial Management Act, 2016 (Act 921) mandate the executive to present the nation's budget to Parliament for approval. The budget for the ensuing year is expected to be presented to the House before the end of November.

2. The revocation of the L.I. on mining in forest reserves.

The revocation of the L.I. on mining in forest reserves was a key condition given by Organised Labour for it to rescind its planned strike action over the menace of illegal mining, called galamsey.

The government is to present a Legislative Instrument (L.I.) to Parliament to revoke the existing law- Environmental Protection (Mining in Forest Reserves) (Revocation) Instrument, L.I. 2462- which allows mining in forest reserves. The revocation of L.I. 2462 will lead to a total ban on mining in forest reserves.

3. The approval of the $250 million Ghana Financial Stability Fund.

One of the government's businesses that is likely to be affected by the suspension is the approval of a $250 million Ghana Financial Stability Fund.

The fund was one of the urgent matters outlined by the NPP MPs when they triggered a recall of Parliament on August 1, 2024.

4. The approval of the $250 million Ghana Energy Sector loan.

A $250 million Ghana Energy Sector loan is also at stake. The facility is a financing agreement between the Government of Ghana and the International Development Association for the Ghana Energy Sector Recovery Programme.

5. The approval of $350 million worth of tax waivers.

Another government business lingering in Parliament is the approval of $350 million worth of tax waivers.

The government wants Parliament to approve tax waivers worth $334 million for 42 private companies. One of the entities on the list was Santuo Oil Refinery, which the government was seeking to grant $164.6 million in tax waivers.

6. The approval of the appointment of 2 Supreme Court justices.

The approval of 2 Supreme Court justices nominated by President Nana Addo Dankwa Akufo-Addo is also in jeopardy due to the suspension of Parliament.

Akufo-Addo nominated Prof Richard Frimpong Oppong, a legal academic and fellow of the Ghana Academy of Sciences, and Justice Sophia Rosetta Bernasko Essah, a justice of the Court of Appeal, for appointment to the apex court of the land.

The Appointment Committee of Parliament has vetted the two nominees, but the committee has yet to send a report to the plenary for a decision to be made on their appointment.

Whether or not the NPP's fears are realised will depend on how the next few weeks unfold in the lead-up to the general election.

Would an NDC Majority Caucus prevent government business?

First, it is essential to understand how government business is introduced to Parliament and whether it is obligatory for this to happen.

Powers of Parliament

Aside from its legislative duties, Ghana's 1992 Constitution grants Parliament control over all public funds (referred to as the "power of the public purse"). Article 174 of the Constitution states that "no tax can be imposed without the authority of Parliament."

Article 178 stipulates that no money can be withdrawn from the Consolidated Fund without Parliament's authorisation, except in cases where funds are charged directly to the fund.

Parliament also has the constitutional duty to monitor public expenditure, ensuring that the monies it authorises are used for their intended purposes, and it can take appropriate action based on the Auditor-General's Reports.

Furthermore, Parliament is mandated to approve loan agreements (Article 181), monitor foreign exchange receipts and transfers (Article 184), and authorise tax exemptions or waivers (Article 174).

How is business introduced to Parliament?

The Business Committee of Parliament proposes the business for each sitting and the order in which it is to be considered. This committee comprises 21 members, 11 from the Majority and 10 from the Minority, and is chaired by the Majority Leader. The committee agrees on the daily Order Paper, which lists the business to be debated, such as motions or bills.

Parliamentary Committees

Issues brought before Parliament, including loan approvals or appointments, are referred to one of Parliament's 12 committees, depending on the subject matter. The committees, which can have up to 25 members, deliberate on these issues and submit reports to the House.

Committees are chaired by members from the Majority, giving them an upper hand in decision-making. If the Majority dominates a committee, it can ensure that issues supported by the government are likely to be approved.

For example, suppose the Akufo-Addo government proposes a new tax, and it is referred to the Finance Committee (chaired by the 'Majority Leader', Dr. Cassiel Ato Forson of the NDC). In that case, the government will need the support of NDC MPs, who would have more members on the committee.

Even if the Finance Committee supports the tax proposal, it will still require support from the NDC MPs in the plenary. Parliamentary Standing Orders dictate that a motion is "considered lost" if the Ayes and Noes are tied. Therefore, with the NDC's 136 MPs against the NPP's 135, the NDC would hold the final say on any motion raised in Parliament.

Could an NDC Majority Caucus repeal taxes like the E-Levy or Betting Tax?

NDC MPs have expressed their intention to repeal certain "obnoxious" taxes, including the Electronic Transfer Levy (E-Levy) and the Betting Tax, if they assume the Majority.

But can they do this without the NPP's support?

Although the NDC MPs alone can enable the House to conduct its business, decisions cannot be made without fulfilling specific constitutional requirements.

Article 102 of the Constitution states: "A quorum of Parliament, apart from the person presiding, shall be one-third of all the Members of Parliament." With the NDC's 136 MPs, sittings can proceed even if the 135 NPP MPs boycott the House.

However, Article 104(1) specifies that decisions in Parliament require the support of a majority of members present, with at least half of all M.P.s in attendance. This means the NDC can attempt to repeal taxes like the E-Levy, but they would need the cooperation of NPP MPs for a successful vote.

What the NDC can do if they form the Majority

Even if the NDC Majority cannot repeal some of the taxes they oppose, they can use their position to criticise the NPP for not cancelling these taxes, as promised.

Some issues currently before Parliament have yet to be voted on. With their Majority, the NDC can vote against them.

BAI/OBG

Meanwhile, catch up on the latest episode of The Lowdown on GhanaWeb TV with Etsey Atisu as he caught up with Philip Atawura, who just returned from a successful kidney transplant in India.



In the meantime, follow Ernestina Asante as she tours the Asokwa Constituency and speaks with MP Patricia Appiagyei in this episode of Campaign Trail on GhanaWeb TV: