Bediatuo may have written to Parliament without the authority of Akufo-Addo – Lawyer

Private legal practitioner Tachie Antiedu says it remains unclear whether the president authorised his executive secretary, Asante Bediatuo, to write to Parliament over the anti-LGBT Bill.

The lawyer said the tone and structure of the letter raise the fundamental question of whether the president ordered him to write the letter.

In an interview on Frontline on Rainbow Radio 87.5 FM, he said, “It appears the lawyer was given personal advice by Parliament. I don’t think he was instructed by the president to issue that letter.”

He explained that, from the letter, it appeared that the executive secretary was acting on his own and explaining the law.

"That is my observation. Furthermore, the understanding or explanation I would want to give about this is that the Constitution of Ghana has provided for how bills ought to be passed in the House.

"The process must go through three stages. It’s the first, second, and final readings. After that, Parliament will pass the Bill and then send it to the president for assent within seven days. If he refuses to sign, he ought to write to Parliament explaining why he refused to assent.

"So, it is very clear what the processes are through which a bill is passed and sent to the president for assent. The president has total freedom to cite any reason or reasons why he will not assent to a bill passed by Parliament. But the same Constitution that grants him that power also requires him to submit his reasons to Parliament," he said.

He went on to say that" given the reasons given by the president for refusing to assent to the Bill, i.e., the pending cases before the Supreme Court, the Constitution has made it clear under Articles 2 and 130 that the Supreme Court has the authority to determine whether the Parliament went beyond its powers in passing a law should any aggrieved person invoke their original jurisdiction.

That is the settled law of the Supreme Court's judicial powers. Parliament also has a constitutional duty to pass a law. It did so in the case of the anti-gay Bill. However, the law has no finality yet.

"Until the president assents, the Bill cannot function. It would have to become law before you could challenge it. It would be premature to challenge it when it has not been enacted."

The lawyer further explained that the president could even write back to Parliament to address and make some changes to the Bill before he assents, hence the reason why it is premature for anyone to go to the apex court and challenge the matter.

He also described the attempt to write to the Clerk of Parliament as laughable, stopping him from transmitting the Bill to the president.