President Nana Addo Dankwa Akufo-Addo has issued a clarification regarding his decision not to assent to the Criminal Offences Amendment Bill 2023, the Criminal Offences Amendment Bill Number 2, 2023, and the Ghana Armed Forces Amendment Bill 2023.
In a letter addressed to Parliament, the President outlined the primary reasons behind his refusal, citing potential financial implications on the state’s consolidated fund and a perceived violation of constitutional provisions.
The Ghana Armed Forces Amendment Bill 2023, a private member’s bill introduced by the Member of Parliament for Madina, Francis Xavier Sosu, aimed to replace the death penalty with a life sentence.
However, President Akufo-Addo, after consulting with the Attorney General, expressed concerns about the financial burden associated with the proposed changes.
In the letter to Parliament, President Akufo-Addo stated, “Upon a thorough review of the relevant constitutional legislative frameworks, specifically Article 108 of the constitution and section 100 of the Public Financial Management Act 2016, Act 921, it is evident that the bill introduced as private member’s bills by the honorable Member of Parliament for Madina Constituency, Francis-Xavier Sosu, does not conform with the provisions of the constitution.”
The President emphasized that the bills, which sought to abolish the death penalty and criminalize the activities of witch doctors, retained substantial financial obligations on the consolidated fund and other public funds of Ghana.
These financial commitments were projected to cover the costs related to imprisonment, sustenance, and healthcare for those convicted under the proposed legislation.
President Akufo-Addo pointed out that the bills should not have been introduced without a fiscal impact analysis, as the legislative power entrusted to Parliament requires adherence to constitutional provisions safeguarding the nation’s fiscal integrity.
He asserted, “Access to such an analysis precludes these bills from being properly classified as private member’s bills.”
President Akufo-Addo declared his desire to have the legislation reintroduced in Parliament on his behalf in due course and reaffirmed his support for their contents as he concluded his letter to Parliament, reiterating his commitment to upholding the integrity of the legislative process.
The President’s rejection has spurred debates among legislators and legal scholars, bringing up issues of how Ghana’s legal system balances constitutional compliance, fiscal discipline, and legislative efforts.
