GOGO interrupts the Xmas festivities to explain Article 108 - MyJoyOnline

11 months ago 40

The article merely says only the President, or someone acting on his behalf, can introduce a bill, which in the opinion of the person presiding, makes provision for “(i) the imposition or alteration t...

The article merely says only the President, or someone acting on his behalf, can introduce a bill, which in the opinion of the person presiding, makes provision for “(i) the imposition or alteration taxation or (ii) the imposition of a charge on the Consolidated or other Public Funds; or (iii) the payment, issue or withdrawal from the Consolidated or other Public Funds of any moneys not charged on the Consolidated Fund or any increase in the amount of that payment, issue or withdrawal; or (iv) the composition or remission of any debt due to the Government of Ghana.”

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In spite of the clarity of the article, some have misconstrued it to mean only the President, or someone acting on his behalf, can introduce a bill that has financial implications.

Thus, article 108 is saying that only the President can introduce a money bill.

Erskine May explains that “For a bill to be certified by the Speaker as a Money Bill, it must have the SOLE purpose of creating or extending the scope of a charge on public expenditure.”

It explains further that “even if the main object of a bill is to create a new charge on the Consolidated Fund or on money provided by Parliament, the bill will not be certified if it is apparent that the primary purpose of the new charge is not purely financial.”

Thus, this notion that article 108 bars private members from initiating bills because they can only introduce bills that have no direct or indirect financial implications is just a Ghanafuo instrument for emasculating parliament so they can turn around to blame the Constitution for making the president too powerful.

Article 106 indicates that chieftaincy bills must be referred to the national house of chiefs before introduction into parliament; bills, other than money bills, must have an explanatory memorandum and be published in the gazette for at least 14 days; bills must be referred to the appropriate committees, etc.


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