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General News of Tuesday, 23 November 1999

Source: JoyFM

President to comply with the provisions of Article 34 (2) ? Parliament

Parliament is debating a Motion moved by Nana Akufo-Addo, the Minority Spokesman on Legal and Constitutional Matters, asking the President to comply with the provisions of Article 34 (2) of the Constitution.

While his colleagues in the Minority favoured the Motion, members on the other side of the House strongly opposed it. Arguments from both sides centered on Articles 34 and 67 of the Constitution, for while the Minority relied strongly on the provisions of Article 34, the Majority used Article 67 to support their claim.

Article 34 (2) enjoins "the President to ensure the realization of the policy objectives on the directive principle of State Policy, including in particular the realization of basic human rights". Article 67, on the other hand stipulates "the President shall at the beginning of each session of Parliament and before a dissolution of Parliament, deliver a message on the State of the Nation." In their argument, the Minority held the view that the Constitution requires the President "to fulfill his constitutional obligations by submitting to Parliament the Annual Report on all steps taken to ensure the realization of the policy objectives contained in Article 34 (2).

The Majority, however, held that apart from Sessional Addresses by the President as Article 67 states, the appearance of ministers in the House from time to time, to make policy statements and respond to members' questions, constitutes compliance with Article 34. Moving his Motion, Nana Akufo-Addo said not only is the Executive accountable to the electorate, but also is also liable to Parliament or the Legislature.

He argued that the essence and import of his Motion is to remind the President "to fulfill his constitutional obligations by submitting to Parliament the Annual Report on all the steps taken to ensure the realization of the policy objectives of Article 34 (2). The Minority Spokesman on Legal and Constitutional Matters, who is the Member of Parliament for Abuakwa said he wondered why the President, has for the past seven years, since the inception of parliamentary democracy in the country, failed to comply with that constitutional provision.

He, therefore, prayed the House to endorse the Motion so as to "compel" the President to fulfill his constitutional duties to the good people of this country. In their submissions, members from the Majority did not see why the motion should be entertained on the floor of the House. They described it variously as "mischievous" "frivolous" and "bogus" and, therefore, urged the House to reject it.

At the end of the debate, Mr. Kenneth Dzirasah, First Deputy Speaker, who was in the chair, thanked members for the matured manner in which they handled the debate, but deferred voting on the motion to this week.