The Member of Parliament for Asante Akim Central, Kwame Anyimadu-Antwi, has said that the Supreme Court of Ghana, erred in its ruling that a section of the Narcotic Control Commission Act, 2020 (Act 1019) is unconstitutional.

Speaking in a JoyNews interview on July 10, 2023, Anyimadu-Antwi, the chairman of the Parliamentary, Constitutional and Legal Affairs Committee of Parliament, said that reason the court gave for its judgement was not right.

He suggested Supreme Court ruled the way it did because it does not understand the procedures of the House.

“The Supreme Court argued that we did not discuss or debate that particular clause and then the Supreme Court expunged it from the law… I don’t think the Supreme Court was right in saying that we did not debate it adequately.

“In parliament when we are making laws if there is no controversy about a particular bill or clause, we don’t debate it; Most of the time, we don’t say anything, we read the head note of the clause and then if any person has anything to say, add or subtract from the proposal the person says it and we proceed.

“It is not that every clause must be introduced for debate,” he said.

The NPP MP also disclosed that parliament would be looking at the law struck out by the Supreme Court under a certificate of urgency to bring it back.

Background:

In July 2020, the apex court in a 4-3 majority decision, held that Section 43 of Act 1019 violated Article 106 of the 1992 Constitution, which details the processes a bill must go through before it is passed into law by parliament and was therefore null and void.

In other words, the court ruled that the section of the Narcotic Control Commission Act, 2020 which allows a licence to be granted to an entity to cultivate a small quantity of cannabis, popularly referred to as "wee" in Ghana for industrial and medicinal purposes is unconstitutional.

“The plaintiff's action succeeds. Accordingly, Section 43 of the Narcotics Control Commission Act, 2020 (Act 1019) is thereby declared null and void and struck out as unconstitutional as it contravenes the letter and spirit of the Constitution, 1992, particularly Article 106 (2) (a) (b), (5) and (6) thereof,” the court held.

The case which culminated in the judgment was filed by one Ezuame Mannan against the Attorney-General. Justices on the majority side were Justices Jones Dotse, Clemence Jackson Honyenuga, Henrietta Mensa-Bonsu and Emmanuel Yonny Kulendi. Justices Nene Amegatcher, Prof Nii Ashie Kotey and Issifu Omoro Tanko Amadu dissented.

The court explained in the explanatory memorandum attached to the bill placed before that the house did not set out in details the policy change, the defects in the existing law, and the necessity to introduce a law to licence the cultivation of cannabis.

“The mode of introduction of Section 43 of Act 1019 violates the letter and spirit of the Constitution. Accordingly, Section 43 is hereby struck out as unconstitutional.

“The lack of debate on Section 43 of Act 1019 amounts to not only a direct violation of the letter of Article 106 of the Constitution, but also a violation of the spirit of the law.

“There was conspicuously, no debate over such a critical shift in policy by Parliament. Needless to say, this conduct and mode of law making defeats the transparency and accountability enjoined by the Constitution,” graphic.com quoted the court.

BAI/OGB

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