GRi in Parliament
07 – 02 - 2003
For more than fifty
minutes, The Speaker of Parliament Peter Ala Adjetey,
had engaged in a monologue selling his tale of innocence in a lingering electoral
suit that has the potential to tip the scales of politics in the country.
As he rattled away,
employing humour, eloquence and elitist legal jargons, he lit half of the House
and numbed the other. His message was simple; "I am not part of any
conspiracy to make the Wulensi seat vacant."
Adjetey, had
scolded the Minority Leader, Bagbin for divulging an official correspondence he
had with him on the Wulensi case but furious Alban
insist the Speaker had his facts wrong. He had been out of town left alone giving
a document to the Palaver newspaper to publish.
In an unfashionable
manner, the backbenchers of the Minority led a walk-out leaving the entire
house either half-full or half-empty. Their leader, Alban Bagbin was refused an
opportunity to respond to an address seen as a painful bash.
For more than a
year, youthful Samuel Nyimakan, the MP for the area,
has being entangled in a fierce legal battle to hold on to a seat that has just
a few weeks to be vacant or remain occupied.
For sometime now, Nyimakan has not mustered enough courage to enter the main
chamber even as he seeks a review in the Supreme Court on an unfavourable
ruling. His fears are that the Majority members may taunt him and embarrass him
so he strolls around the lobby, boards the lift to the coffee shop to socialise
with friendly people.
Alban Bagbin
describes him as a "loyal and innocent fellow that I must protect."
He is the type who normally enters unnoticed and only grins when others are
laughing loud. Fate may have squeezed humour out of him and now he stands on
the threshold of history-to win a seat in a courtroom where manifestoes and the
ballot boxes do not play a role or vacate his seat and walk through politically
dark alleys.
Even as his
seemingly timidity soars, another battle is being fought over him that has the
potential of redirecting the destiny of Parliament. The Minority has vowed to
deal with the Speaker of Parliament for "making a statement that has been
recorded in the official record of the house and not allowing their leader to
respond."
The choir-boy look alike Minority Leader is peeved, angry and vengeful and
would be strategising to hit at the Speaker where it hurts most. His group
after having walked out, assembled at the lobby
chanting war songs vowing to engage in a long and bitter parliamentary war.
But conspicuously
missing was the man at the centre of the anger and controversy: Nyimakan. As it stands now, his parliamentary seat, home
and power is in the balance. He skips daily over the unseen wall that divides
the vast public and Parliament and peeps discreetly over it.
As the 92 member
strong minority go to war against a Speaker, they call "dictator and
bully", it would only take a supportive Majority to keep him in his chair
else Ghanaians may be herding for an unprecedented parliamentary action-an
ungovernable House.
GRi.../
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The Speaker said
the Electoral Commission is constitutionally known as such and that for the
Commission's letterhead to bear National Electoral Commission gave the wrong
impression as if it was an organisation, which the constitution designated
differently.
Hon. Ala Adjetey
made the observation in a letter dated 4 February to the Chairman of the EC on Wulensi parliamentary seat issue when he was reacting to
points the Minority raised on the declaration of alleged vacancy of the seat.
In the letter to
the Commission the Speaker said, "I thank you for your letter dated 4th
February 2003 and I note that your notepaper is headed "National Electoral
Commission" when, constitutionally, your organisation is known as 'The
Electoral Commission'.
"It may be
that you would have to take steps to amend your headed notepaper so as not to
give the impression that your name is that on the notepaper rather than that in
the Constitution."
GRi.../
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Bagbin said,
"The speaker has attack my integrity and I will go after him. The people
elected me as a Member of Parliament, I elected him as a speaker, and I lead
the minority, he cannot attack me on the floor of the House and refuse to allow
the chance to reply to the accusations.
"Unless the
speaker apologised to me I will go after him," the Minority Leader told
the parliamentary press corps just after the minority walked out of the House
in protest against the Speakers' refusal to allow their leader hearing.
It was after the
Speaker had explained issues pertaining to alleged vacancy of the Wulensi constituency and the role the Speaker played in
asking the Clerk of Parliament to write to the Electoral Commission and how he
and the Minority Leader communicated on the issue through letters.
The Speaker said he
regretted that a letter Bagbin wrote to him on the issue was divulged to the
press saying, "I like consulting the leadership on many sensitive issues
and basis of consultation is confidence."
Ala Adjetey said Babgin had abused the confidence he reposed in him. Bagbin
told the press that he had not abused any secrecy between him the Speaker and
that he did not give the letter he wrote to the Speaker to the press.
He said throughout
last week he was at Akosombo attending a workshop on
the Dagbon crisis and that the only fellow he talked to on the phone was Kwaku Baah, who is a council to Samuel
Nyimakan who is seeking the review of the Supreme
Court on his seat being declared vacant.
Bagbin said the
Speaker has the right under the Standing Orders of the constitution to make a
statement in the House and that he should not be drawn into debate and once he
had made a statement specially mentioning a member's name he the Speaker by
parliamentary practice allow the member who was mentioned the chance to speak.
He said all that
the Speaker said on the floor of the House were recorded in the Parliamentary Hansard and that he should not "be the usual dictator
to a House where free speech was the norm of democratic practice."
Bagbin declared,
"I have the right to be heard. Why
should the Speaker deny me that right after abusing me?" "We have
been tolerant to the Speaker and that is why he is able to let his knowledge in
law to rule. Although the Speaker said
he had not declared any seat vacant yet he has descended into the arena of
confusion because if he had not declared any seat vacant then there was no
vacancy."
GRi.../
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Accra (Greater
Accra) 07 February 2003- The Minority on Thursday walked out of Parliament in
protest against the Speaker, Peter Ala Adjetey for not allowing the Minority
Leader, Alban Bagbin to reply to a statement the Speaker made on the floor of
the House.
The Speaker had in
a statement explained circumstances leading to the declaration of the Wulensi seat vacant although it was under litigation. Ala
Adjetey accused the Minority leader of divulging a confidential matter between
the two of them to the press.
After the
explanation by the Speaker on the constitutional processes in declaring a seat
vacant in the House and matters arising out of the Wulensi
seat dispute, Bagbin stood up to speak.
However, the
Speaker said he was not going to allow anyone to speak on the issue and ordered
Bagbin to resume his seat. The Minority leader was still on his feet when the
Speaker started with work in the House.
While Bagbin was
still on his feet, the backbenchers of the NDC minority started walking out
till it got to him and he also left the Chamber. Ala Adjetey in explaining
issues pertaining to the declaration of the Wulensi
seat vacant or not said all the accusations levelled against him for taking
sides on the issue and publications in newspapers that he had conspired with
the Executive and the Electoral Commissioner were "totally false".
The Speaker said in
reply to a letter dated 30 January this year, which Bagbin sent to him said,
"My attention has been drawn to a publication in the Daily Graphic of
Saturday 25 January 2003 indicating that the Electoral Commission has fixed 20 February,
2003 for a bye-election to be conducted to fill an alleged vacancy created in
the Wulensi Parliamentary Seat."
He said the
publication further stated, "The Clerk of Parliament has notified the EC
of the occurrence of a vacancy in Parliament as a result of the
disqualification of Samuel Nyimakan, Member of
Parliament for Wulensi Constituency in the Nanumba District of the Northern Region."
Ala Adjetey in a
reply to the letter said, on 17 January, this year, the Attorney-General and
Minister of Justice addressed a letter to him on the Wulensi
seat and it was unfortunate that because of preparations of the ceremonial
opening of Parliament on 21 January the letter was not brought to him until 20 January
the same year and "at which time I was too busy to attend to it only to
read it on 22 January to realise that it was an urgent matter that dealt with
the decision of the Supreme Court on the litigation affecting" the Wulensi seat and to inform him that the court decision was
delivered on 15 January declaring the seat vacant.
He said, "I
immediately minuted the letter to the Clerk and asked
him to proceed in accordance with article 112 (5) of the Constitution,"
adding that the Clerk immediately wrote to the Electoral Commission that a
vacancy has occurred on the membership of Parliament and requested the
Commission to take the appropriate consequential action as required by law.
The Speaker
explained that on 23 January, he received a letter dated the previous day from
the Supreme Court to the Clerk of Parliament who minuted
to him for directives on the matter.
"I minuted it back to him asking him to refer the matter
immediately to the Attorney-General for his advice as to the course of action
open to us having regard to article 112 (5) of the Constitution and pointing
out further that the statement in support of the application for review which
was forwarded to him undercover of the said letter, was not signed." He
said "The Clerk complied with my instruction, but we have received no
further communication on the matter from the Attorney-General..."
Ala Adjetey in
explaining issues pertaining to the declaration of the Wulensi
seat vacant or not said all the accusations levelled against him for taking
sides on the issue and publications in newspapers that he had conspired with
the Executive and the Electoral Commissioner were "totally false".
The Speaker said in
reply to a letter dated 30 January this year, which Bagbin sent to him said,
"My attention has been drawn to a publication in the Daily Graphic of Saturday,
25 January 2003 indicating that the Electoral Commission has fixed the 20th of
February, 2003 for a bye-election to be conducted to fill an alleged vacancy
created in the Wulensi Parliamentary Seat."
He said the
publication further stated, "The Clerk of Parliament has notified the EC
of the occurrence of a vacancy in Parliament as a result of the
disqualification of Samuel Nyimakan, Member of
Parliament for Wulensi Constituency in the Nanumba District of the Northern Region."
Ala Adjetey in a
reply to the letter said, on 17 January this year, the Attorney-General and
Minister of Justice addressed a letter to him on the Wulensi
seat and it was unfortunate that because of preparations of the ceremonial
opening of Parliament on 21 January the letter was not brought to him until
January 20 the same year and "at which time I was too busy to attend to it
only to read it on 22 January to realise that it was an urgent matter that
dealt with the decision of the Supreme Court on the litigation affecting"
the Wulensi seat and to inform him that the court
decision was delivered on 15 January, declaring the seat vacant.
He said, "I
immediately minuted the letter to the Clerk and asked
him to proceed in accordance with article 112 (5) of the Constitution,"
adding that the Clerk immediately wrote to the Electoral Commission that a
vacancy has occurred on the membership of Parliament and requested the
Commission to take the appropriate consequential action as required by law.
The Speaker
explained that on 23 January he received a letter dated the previous day from
the Supreme Court to the Clerk of Parliament who minuted
to him for directives on the matter.
"I minuted it back to him asking him to refer the matter
immediately to the Attorney-General for his advice as to the course of action
open to us having regard to article 112 (5) of the Constitution and pointing
out further that the statement in support of the application for review which
was forwarded to him undercover of the said letter, was not signed."
He said "The
Clerk complied with my instruction, but we have received no further
communication on the matter from the Attorney-General..."
Ala Adjetey
declared: "I have not written to the Electoral Commission on the matter
beyond what the Clerk to Parliament has done in discharge of his constitutional
obligation in the matter."
Taking note of the
contention that there was no vacancy in the Wulensi
constituency because an application for review of the decision by which the
vacancy was created was pending before the same Supreme Court, the Speaker said
he was not sure whether agbin was right in the view
he took of the legal effect of the pendency of an
application for review which he (Speaker) understood by law that matter for an
application for review could not, "by and of itself, nullify the decision
it seeks to have reviewed, which remains valid until set aside by an order of a
court of competent, jurisdiction.
"Depending
upon what interim processes are filed, the execution of such an order or
decision may or may not be stay but that is a far cry from the contention that
the decision itself has become void or ceased to exist."
He said it was not
for him to offer advice in that matter and the Clerk to Parliament properly
declared his responsibility under article 112 (5) of the Constitution and have
no further jurisdiction in the matter.
"If the order
creating a vacancy is appealed or is sought to be reviewed, it is not the duty
of the Clerk to come to a decision as to the legal effect of such action and to
notify the Electoral Commission of such effect."
The Speaker said as
to the contention that Parliament as a body and Samuel Nyimakan
were not aware of communication to the Electoral Commission and the existence
of a vacancy in the Wulensi Constituency, then
"I would like to say firstly, that there has not been any communication
from me to the Electoral Commission in my capacity as Speaker and secondly I
have not declared a vacancy in the Wulensi
constituency as I am required to do under Standing Order 18 of the Standing
Orders of Parliament but then my duties under Standing Order 18 are quite
independent of the Clerk's duties under article 112 (5) of the
Constitution".
Ala Adjetey said
under the law he did not breach any law and that even the President who was not
above the law how could "I the number third man in the state be above the law?" He said he was not there to do any
one's job for him nor carry anybody's burden adding, "I carry my own
burden and responsibilities and duties and nobody should ask me to carry his
for him".
He said as the
Speaker and although he was brought by in by the ruling New Patriotic Party
(NPP) he was absolutely independent of the Executive and the Judiciary and
would not be the advisor to any of them only to be accused later of taking
sides or compromising his position.
He failed to
recognize the Minority Leader who got up to make a point and instead the
Speaker ordered him to resume his seat and this did not find favour with the
Minority who walked out of the chamber.
GRi.../
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Accra (Greater
Accra) 07 February 2003- Albert Kan-Dapaah, Minister
of Energy on Thursday told Parliament that there was a monitoring system to
check how supply of pre-mix fuel reached its final destination and was sold to
fishermen to avoid diversion.
He said there was a
monitoring secretariat that has employed officers who checked the pre-mix fuel
delivery invoices against products supplied from the Tema Oil Refinery (TOR).
Answering a question
which stood in the name of Samuel Johnfiah, (NPP Ahanta West) as to whether the Ministry of Energy was aware
of frequent reported cases of pre-mix fuel diversions, the Minister said
coupons were used for the retail of the product and records kept by the monitoring
officers who visited the outlets regularly to check and reconcile the records.
Kan-Dapaah said; “From past experience, the price differential
between the premix fuel and the normal gasoline has created an incentive for
diversion of the premix fuel.” Premix fuel was diverted to fuel stations to be
mixed with gasoline and sold at the prevailing price of gasoline to the
public."
He said there were
regional co-ordinating committees on premix fuel who oversaw premix fuel issues
and in some instances the committee was under chairmanship or his deputy.
Kan-Dapaah said at the local premix committees, which the chief
fishermen chaired and where there was no regional co-ordinating committee like
in the Afram Plains the District Chief Executive saw
to premix issues.
He said over the
past two years there had been reported cases of the diversion of the commodity
at Otuam, Kokobo near Sekondi and Akwidaa all in the
Western Region and Nungua in the Greater Accra
Region.
The Minister said
the cases are in the hands of the police and some were in court. He said the
concern of the government was the light punishment given to offenders and that
there was the intention to liase with the Attorney
General to ensure that the court applied the appropriate punishment to those
prosecuted.
GRi.../
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Accra (Greater
Accra) 07 February 203- George Amponsah, MP for Asunafo South Thursday called for the use of part of the GETFund to provide accommodation for teachers, especially those
in rural areas to give of their best.
He asked the
Ministry of Education and the Ghana Education Service to look critically into
accommodation problems facing teachers and should act to restore dignity to the
teaching profession.
Amponsah made the statement after the NDC Minority
group had walked out of the House because the Speaker, Peter Ala Adjetey did
allow their leader to respond to the Speaker's explanation on the controversy
surrounding the alleged vacancy in the Wulensi
constituency.
Amponsah said accommodation problems facing teachers
were enormous and appealed to the district assemblies, Members of Parliament
and communities to help put up more accommodation for them.
He said the vital
role teachers play in the human resource development of
a nation could not be overemphasised and yet "lot of them go through
difficulties in the discharge of their professional duties ... teachers are not
treated well in the Ghanaian society in terms of salaries and other benefits to
workers."
The MP said it was
sad to observe in his constituency that two teachers shared a small single room
and asked how they could give of their best in such conditions. Dominic
Nitiwul, NPP-Bimbilla, contributing to the statement said the way some
communities and organisations put up houses for their religious leaders they
could as well do the same to teachers.
Dr William Akoto, NPP-Birim North called for
incentives in form of building materials, loans and the help from communities
to enable teachers to put up their own houses.
GRi.../
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