Speaker of Parliament Alban Bagbin has faulted the Supreme Court for delivering judgment in a matter the legislature was a party to without giving it a hearing.
According to Alban Bagbin, he “had no knowledge about the suit.”
He made this comment in Parliament on Thursday, October 27, 2022.
In July 2022, the Supreme Court declared as unconstitutional the law on granting licence to grow cannabis, popularly known as ‘wee’ in small quantities for industrial and medicinal purposes.
Section 43 of Act 1019 of the Narcotics Commission Act stipulates that “the Minister on the recommendation of the Commission, may grant a licence for the cultivation of cannabis popularly referred to as “wee” in Ghana, which is not more than 0.3 % THC content on a dry weight basis for industrial purposes for obtaining fibre or seed for medicinal purposes.”
However, the Apex court in a 4-3 majority decision on July 28 annulled Section 43 of Act 1019 and declared that it is a violation of Article 106 of the 1992 constitution.
But the Speaker has faulted the court saying although Parliament was a party to the suit, they were not granted hearing on the matter.
He insists that the fact that the ruling affected portions of the law is what even makes the implications dire.
“Yet, judgement was delivered by the Supreme Court in which a section of a law we passed was struck out as unconstitutional. If the speaker is a party to a suit, at least the speaker should be served. There was no service,” he said.
The Justices who ruled for the majority decision were; Justices Jones Dotse, Clemence Jackson Honyenuga, Henrietta Mensa-Bonsu and Emmanuel Yonny Kulendi while Justices Nene Amegatcher, Prof Nii Ashie Kotey and Issifu Omoro Tanko Amadu disagreed.
The case was brought before the Apex Court by one Ezuame Mannan against the Attorney-General.