[2022]DLSC11238 • March 9, 2022 • Supreme Court •
JUSTICE ABDULAI vs. THE ATTORNEY-GENERAL
The case arose from parliamentary proceedings concerning the approval of the 2022 Budget. On 26 November 2021, Parliament, with the Speaker presiding, rejected the Budget following a voice vote with 137 members present. Subsequently, on 30 November 2021, with the Speaker absent and the First Deputy Speaker presiding, Parliament approved the Budget with 138 members present, including the presiding Deputy Speaker. The plaintiff challenged the constitutionality of counting the presiding Deputy Speaker as part of the quorum and his right to vote, arguing this was inconsistent with Articles 102 and 104 of the 1992 Constitution.
read moreKULENDI JSC:- I. INTRODUCTION This action invokes our original jurisdiction pursuant to Article 2(1)(b) and 130(1)(a) of the Constitution to challenge the constitutionality or otherwise of recent going-ans in Parliament, one of the three arms of government, and by implication, the constitutionality or otherwise of one of Parliament's internal rules for the conduct of its business. We wish to start by reminding ourselves of the dicta of an illustrious jurist, as follows: "... where it is alleged before the Supreme Court that any organ of Government or an institution is acting in violation of a provision of the Constitution, the Supreme Court is duty bound by articles 2(1} and 130{1} to exercise jurisdiction, unless the Constitution has provided a specific remedy... no individual nor creature of the Constitution is exempted from the enforcement provision of article 2 thereof. No one is above the law. And no action of any individual or institution under the Constitution is immune fr...