Akufo-Addo, other big names who debated a vote of censure against a minister in 1999

It was a debate that had been prompted by a motion filed by a member of the House, Dr. Kofi Konadu Apraku, for the resignation of the minister, Kwame Peprah.

The motion by the Offinso North MP, as captured in the Hansard of Wednesday, November 20, 1999, stated that, “This House recognizing the serious economic crisis that has resulted from the incompetence and mismanagement of the Ghanaian economy by the Minister of Finance, hereby calls on the Minister of Finance to resign.”

Superintending over proceedings on the day, the Speaker of Parliament, Daniel Francis Annan, welcomed debates from the floor of the House on how to handle the motion, also because he was unsure if it was a vote of censure or not.

Participating in the debates in parliament that day were a number of notable personalities, including Nana Akufo-Addo, Dr. Kwabena Adjei (MP for Biakoye and a former National Chairman of the National Democratic Congress), Cletus Avoka (MP, Zebilla), J. H. Mensah (Sunyani East MP), and Doe Adjaho (MP for Avenor-Ave, now Akatsi South and later became Speaker of Parliament).

Below are excerpts of the proceedings on the day as captured in the parliamentary Hansard of Wednesday, November 10, 1999:

Dr. Adjei: Mr. Speaker, yesterday, we complained about the inaudibility of your statements, your rulings and we got the technical men to try their hands at the mechanism and I suppose that it is better today. The technician has asked that instead of getting off our chair to listen directly to you, the speakers are right in front of each one of us and we should listen through the speakers rather than trying to listen to Mr. Speaker. Thank you.

Mr. Speaker: Hon. Leader, I would not countenance any challenge to my position - especially from an inanimate object. [laughter./ So I am the Speaker and the other thing, you may call what you will.

Dr. Adjei: Mr. Speaker, I now realise that you are the same as your jacket. They were two inanimate things. I apologise for this comparison. Thank you, Mr. Speaker.

Mr. Speaker: Are we in a position to deal with the Resolution, item 6 on the Order Paper, the consequential Resolution, the Statute on the International Criminal Court (ICC).

Dr. Adjei: Mr. Speaker, I would suggest that we start with the motion first and later on I expect hon. Members who are outside to join us so that we can make up the correct number to be able to take the Resolution. Thank you, Mr. Speaker.

Mr. Speaker: Very well. Then item 6 will stand down. And that takes us on to item 7, the motion in the name of hon.

Dr. Kofi Apraku and the Amendment thereto.

Mr. George Buadi - rose-

Mr. Speaker: Hon. Buadi, I have called the motion. Are you going to move it?

Mr. Buadi: Mr. Speaker, I am not going to move the motion. Mr. Speaker, may I draw your attention prior to hon.

Dr. Apraku's motion, to the propriety, the locus standi of hon. Dr. Apraku's motion by our constitutional provision and the Standing Orders of this House - [interruption./

Nana Akufo-Addo: Mr. Speaker, on a point of order!

Mr. Buadi: Let me finish.

Mr. Speaker: Hon. Member, I believe he is making a point of order, so shall we hear him first. Hon. Buadi, is yours a point of order or just a matter of comment?

Nana Akufo-Addo: I also have a point of order.

Mr. Speaker: Hon. Nana Akufo-Addo, let us hear what he has to say first, I have no idea what he has to say. He is talking about propriety of the motion. I want to hear him out and then - [interruption.]

Nana Akufo-Addo: How can anybody comment on a matter that is not before the House? [interruptions.]

Mr. Speaker: Let us listen to him and see whether it is a comment or not.

Nana Akufo-Addo: I find, with the greatest respect, Mr. Speaker, the procedure strange. There is nothing before Mr. Speaker other than the indication of the motion on the Order Paper. If Dr. Apraku gets up and withdraws the motion, what is going to be his point of propriety? Assuming for the sake of argument that when hon. Dr. Apraku gets up, he says that he is withdrawing the motion, what will be before this House which then will allow an allegation of impropriety? Let us have the matter properly before the House. When it is properly before the House, whatever technical objections have cooked up, we will deal with that in this House - [uproar./

Mr. Speaker: Hon. Members, the question of propriety of the motion has been raised. I intend to hear what it is all about before I rule on the matter.

Mr. George Buadi: Thank you very much, Mr. Speaker. Mr. Speaker, I just want to - [interruption.]

Mr. Speaker: Precisely what is your point? I have admitted the motion for de-bate, so what is the point you want to raise?

Mr. Buadi: Mr. Speaker, I just want your clarification on article 82 of the 1992 Constitution and the Standing Orders of this House, Standing Order 108. Mr. Speaker, if I may read the Constitution first. I said I just want your clarification on this motion.

"82 (1) Parliament may, by a resolution supported by the votes of not less than two-thirds of all the members of Parliament, pass a vote of obi censure on a Minister of State.

(2) A motion for the resolution referred to in clause (1) of this article shall not be moved in Parliament unless –

(a) seven days' notice has been given of the motion;

and

(b) the notice for the motion has been signed by not less than one-third of all the members of Parliament,"

Mr. Speaker, I have seen hon. Dr. Apraku's motion - [interruption.]

Mr. Speaker: This motion does not claim to be a motion of censure.

Mr. Buadi: Mr. Speaker- [interruptions.]

Mr. Speaker: Order, order, order!

Mr. Buadi: Mr. Speaker, that is why I said I needed your clarification. This is a motion that is calling on a Minister to resign. So, I just want your clarification between a vote of censure and calling on this House to call on the Minister to re-sign. Mr. Speaker, I just want your clarification on this matter so that we will see our way clear ahead as to how we ought to debate this type of motion - [interruptions./

Mr. Speaker: Order, order, order!

Hon. Members, a motion of censure clearly falls within article 82 of the Constitution and must be supported by not less than one-third of the membership.

But the motion must clearly state so on the face of it that it is a motion of censure.

This motion calls on the Minister to resign; the word "censure" does not appear anywhere in the motion. But the point that is being made, I believe, is that where a vote of censure is passed against a Minister, the Minister may either resign or his appointment may be revoked by the President. Therefore, the issue is whether if a motion directly calls on the Minister to resign, it is in fact a motion of censure.

That is the point which I believe is being made. I have not really considered this aspect of the matter but I will welcome brief comments from both sides on the character of this motion. Is it a motion of censure in effect even though it does not say so - [interruptions:/ Order, order, let us hear ourselves, please. Is it in effect a motion of censure even if it does nor say so on the face of it or is it an ordinary motion? [interruptions./ Order, order, this is an important matter, let us look at it critically.

In terms of our Standing Orders, we do not really have any detailed rules as to the subject matter of motions. So perhaps a motion can call on a Minister to resign. But if it does so, should it be equated to the same level constitutionally as a motion of censure because of the one-third requirement? It is a novel point, I must say. I will welcome the views of the House on the matter.

Dr. Kwabena Adjei: Mr. Speaker, we all have before us hon. Dr. K. K. Apraku's motion and it states that "This House recognising the serious economic crisis that has resulted from the incompetence and mismanagement of the Ghanaian economy by the Minister of Finance, hereby calls on the Minister of Finance to resign."

Mr. Speaker, the definition of votes of censure is a formal act of criticism, it is a strong criticism or disapproval in relation to a state of affairs or a situation or a be-haviour. Mr. Speaker, it is a formal call that is - [interruption.]

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