Under Ghana's 1992 Constitution (Article 106, Clause 8), when a president refuses to assent to a bill, they must send a memorandum to Parliament within 14 days specifying provisions for reconsideration and recommendations for amendment. This constitutional pathway ensures democratic oversight and allows for legislative reconsideration. In the case of the 2024 Human Sexual Rights and Family Value Bill, President Akufo-Addo's refusal to follow this constitutional procedure and instead issuing a cease and desist letter to the Clerk of Parliament represents a departure from established constitutional norms. The bill was subsequently reintroduced and passed with bipartisan support, including amendments unanimously recommended by a committee comprising NPP legislators and lawyers.
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Just In, Lawyer Edudzi Finish NPP Official On Live Radio As Pres. Mahama Confirmed To Sign LGBT Bill追加:
Um I think that's it.
Um double standards, hypocrisy, deception. None of that applies to the NDC.
>> Why not?
>> This morning, my my senior is behaving like how we we used to behave after writing law exams.
When we begin to remember the cases after the exams.
You know >> You mean during the exams you forget?
>> During the exams you forget.
>> And in the citations sometimes >> It was held in a decided >> So >> [laughter] >> So Prof. Kumado, those days I remember said, "Look, one of the ways to go around in a decided case it was said this, without references.
>> Yes.
>> And Lord Denning said this, without giving the specific case where Lord Denning said. This morning, that's what I've seen my learned senior doing.
Look, you see, Ghanaians had a benefit of giving you a mandate for eight solid years.
And not only a mandate but also gave you at least a good enough majority in Parliament to be able to carry out your business.
You have the opportunity to build consensus to as it were pass very useful legislation.
In fact this particular legislation is one that was bipartisan support. It had a BIPARTISAN SUPPORT.
BUT WHAT did we see?
We had a president who deliberately decided that he was never going to accept to the family value bill.
In fact, that deliberation on the part of former president Nana Addo Dankwa Akufo-Addo will remain a blot on the conscience of the MP.
>> No, but let me tell you he he never said please.
>> It will remain a blot on the conscience of the MP before many years to come.
That singular decision by President Nana Addo Dankwa Akufo-Addo ostracized, completely isolated traditional authority Christian authority, Muslim authority from the MP support. And that you cannot wish it away this morning by describing whatever happened in the past as being deception.
>> But, there were cases in court. And then they decided to take notice of them. And And And those were in statement from the executive secretary of the president.
>> Listen carefully.
He had practiced and we have all witnessed constitutional democracy for 32 years. Never Never has the secretary to the president ever in a very arrogant manner written to the the clerk of parliament >> smooth >> a cease and desist letter.
That was completely unfortunate and ought to have been condemned.
What was the basis of the cease and desist? You and I as lawyers do appreciate that we only write a cease and desist letter in exceptional circumstances. What was the basis for the cease and desist letter by Nana Asante Bediatuo? It was uncalled for, arrogantly written, and completely condescending.
That is how you saw governance.
What was the basis? Look.
He And that is the learning we have received. The received learning we have is Article 106 clause eight of the 1992 Constitution.
This is what it says.
That where the president refuses to assent to a bill, he shall, within 14 days after the refusal, state in a memorandum to the speaker any specific provisions of the bill which, in his opinion, should be reconsidered by Parliament, including his recommendations for amendment, if any. There is a constitutional pathway where a bill has been passed and the president has cause to say that I will not assent, the Constitution itself envisaged a situation where these things will happen and provided a pathway. Nana Addo Dankwa Akufo-Addo refused >> What has that got to do with anything?
>> Please, please, please, please, please, respect.
We are looking at the law >> What that is passed in 2024.
>> decided >> This is the one that was passed in 2024.
>> What has that got to do with anything?
>> YESTERDAY, DECIDED, DECIDED IN the full glare of these express constitutional provisions, that he will not comply with this Constitution.
>> What has it got to do WITH ANYTHING?
>> AND DECIDED THAT, INSTEAD OF >> YOU PROMISED to follow the decision.
Yes.
>> Senior counsel, >> You promised to sign it.
>> earlier this morning, >> We are speaking of the law that was passed in 2024.
>> WHEN YOU >> THAT HAS NOTHING TO DO WITH THE ONE THAT WAS PASSED IN 2024.
>> WHEN YOU WERE >> We lost the election.
>> When you were talking, >> Let me say something. Let Let him so that you make your point.
>> When the opportunity came, the Constitution prescribed what YOU SHOULD DO.
SEND A MEMO. Reconsider Parliament. But, what did AKUFO-ADDO DO?
HE DECIDED to write a cease and desist letter to the CLERK OF PARLIAMENT.
THAT WAS WHAT HE DID.
>> SHADRACH, DO YOU have the former executive secretary send a letter so that I send the [laughter] question and answer? Because according to Mr. Doesn't matter, >> Can you see Do you know >> you know something?
What would they have claimed? They said there was a pending lawsuit.
>> IT DOESN'T MATTER.
>> PLEASE, PLEASE. [clears throat] >> He said IT DOESN'T MATTER.
>> [laughter] >> YOU AND I HAD A GOOD WEEK.
>> PLEASE ALLOW him to be heard.
>> You see?
Even out of disrespect to he, Adjapa, who was part of the MPs who passed that law.
This clerk, in fact, the the the secretary to the president had the air foundry. He wrote to a constitutional office holder, the clerk of parliament.
A cease and desist letter. What was the basis for it?
And guess what? And guess what, Roland?
President Nana Addo Dankwa Akufo-Addo assented to the e-levy law at the time when there was a pending judicial proceeding. I was counsel for the honorable Samuel Okudzeto Ablakwa.
>> Mhm.
>> The honorable Haruna Iddrisu and the honorable Mahama Ayariga in challenging the e-levy legislation at the Supreme Court. At the time when the matter was at the Supreme Court, that was the same time President Nana Addo Dankwa Akufo-Addo assented to the e-levy law. SO, AT THAT TIME WHEN the claim was made that because my brother Richard Dela Sky was at the court and for that matter, the president had ought to be stayed from assenting. It was just an opportunity. But this was even the darker side of the reason why President Nana Addo Dankwa Akufo-Addo refused to assent. Look, I go to Joy Business this morning and there's a story there. Joy Business >> What What does business story got to do with LGBTQ?
>> Yes, and that is where it becomes even more. Joy Business News, 4th March, 2024.
The Ministry of Finance is raising concerns about the implications of Akufo-Addo's potential ascent to the recently passed anti-LGBTQ.
And this is what the Finance Ministry said. That should President Nana Addo Dankwa Akufo-Addo ascent to the act, government of Ghana was going to lose an amount of 3.6 billion dollars.
The convincing why the Akufo-Addo administration refused to ascent to the ill levy law was basically financial, money.
SIKADUA.
>> [laughter] >> AT THAT TIME, THE GOVERNMENT of Nana Addo Dankwa Akufo-Addo felt that it was proper that his refusal would bring us more money.
And look, the Finance Minister, Honorable Amin Anta, in a letter by the Ministry of Finance, this is what they stated in the five-page document.
The Ministry explained that government of Ghana will lose 600 million dollars budget support, 250 million dollars for financial stability fund, and it will negatively impact our foreign exchange reserves.
The point I am making is that all the reasons that have been covered this morning as the basis for the refusal had nothing to do with that.
It was simply monetary.
Sika.
So, Akufo-Addo at that time had the benefit of protecting Ghanaian family values, but opted for money.
He had an election.
He had an election.
HE HAD A CHOICE. DECIDE for money or decide to ascent. And he said, "I want money."
But you see, I have with me I have with me the second session of the ninth Parliament of the Republic of Ghana report dated April 2026.
What is it? Report of the Committee on Constitutional and Legal Affairs on the Human Sexual Rights and Family Value Bill 2025. But then it was submitted in 20 April 2026. This is the conclusion.
The Committee having carefully considered the bill unanimously recommends that this honorable house adopt this report and pass the Human Sexual Rights and Family into law in accordance with Article 106 of the Constitution. Submitted respectfully, Honorable James Enu, Vice Chairman for Constitutional and >> The question then is the question then is why is it that you now have in the current bill that has been passed exceptions that were not well pronounced to be exceptions in the previously passed bill in 2024, Edugie.
>> Thankfully, I have never had the benefit of becoming a member of Parliament. He has.
And I want to rely >> a prominent member of Parliament.
>> want to rely on his superior experience as an MP. First of all when this new bill, and he knows by law once a bill is passed and not assented to, it dies with the Parliament. Is that in doubt? Not.
Did President Nana Addo Dankwa Akufo-Addo assent to the bill? The answer is an overwhelming no. So by reason of law and operation of law, that bill ceases to exist.
Since 1992, has any president ever inherited a bill passed under a previous >> you the proponents of the of the previous bill have not changed?
>> At this point, we are talking about constitutional law.
No emotions.
Constitutional law.
The received learning is that when Parliament passes a bill and the bill did not receive an asset, presidential asset, it dies with that Parliament.
That is not in doubt. So, by reason of that operation, the bill died.
>> [snorts] >> And therefore, it was reintroduced.
I will not on this platform even for anything appear to know better than our MPs. So, when the matter came, a committee comprising NDC MP P met at the Fiesta Royal Hotel.
And in that meeting, as part of the committee's engagement, they call Shwach.
In fact, they call the honorable Samuel George Natty.
They call Reverend Ntim Fordjour.
Emmanuel Kwasi Bedzrah among others.
Guess who the composition of that committee is.
The respected Haruna Iddrisu.
A seasoned lawyer.
The member of Parliament for Gushegu.
Gushegu? Okay. Representing the good people of Gushegu. He was on that committee.
The honorable Anyimadu very respected man ON THAT COMMITTEE.
VERY PROMINENT lawyers were on that >> What's your point with mentioning some of these names?
>> why I'm doing this is that the composition of that committee comprised very seasoned and respected NPP legislator and lawyers for that matter, including my own friend, Patrick Boamah.
They proposed these amendments. And guess Look at the committee report at page page recommendations.
After careful deliberation, the committee proposed the following proposed amendment. It's all stated. All the amendments What's your point with the bipartisan and that because of that representation Why did you say it's not fair? Hold on, please. See, this is it.
Paragraph 60, recommendations.
This is the committee's report.
So, everything that the NPP minority is complaining about in Parliament were proposals that were seconded by their own members of the committee. And in fact, at the 12th, this is what the vice chairman of the committee recommend. He said, "Having carefully considered, unanimously recommend." What do you meaning of unanimity? What it means is that Who is the vice chairman of the committee again? Honorable James Gyedu Blay Amankwah, MP.
What it means is that there was no minority dissent. There was no minority report. He knows. And he has the spirit.
When a committee goes and there's a problem, the committee, the minority will state their position if they're opposed to it.
In the absence of any, what it means is that the entire committee, comprising very seasoned NPP legislators, proposed these amendments. And those amendments, in the in fairness to our constitutional democracy, were unanimously passed by the house. How in God's name would any anybody therefore, in the spirit of candor and fairness, suggest even remotely that it's a question of hypocrisy and watered down the impact of it. In any case, in any case, and I say this, if President Nana Addo Dankwa Akufo-Addo felt that the bill passed by the likes of the honorable Osei Kyei-Mensah was bad enough, was not fit for purpose.
The constitution created a pathway.
>> Yeah.
>> The constitution says, "Mr. President, respectfully, write a memo to parliament for reconsideration and suggest your recommendation to them."
What did President Akufo-Addo do?
Arrogantly, told the clerk OF PARLIAMENT TO CEASE and desist.
Look, you see, and I've always maintained, in politics, we make mistakes.
Sometimes a decision you will take, you will think that is the best for your people. It will turn out to be a fiasco.
And one of them, I remember in 2016, >> Eddie Jay Rapper Force.
>> Yes, I'm wrapping up. When President Mahama proposed the idea of canceling nursing training and teacher training allowance, it was one of the decisions I personally I struggled with because I had a senior brother who went to that private training college.
And anytime he vacates, the allowance that he will get, he will bring some home.
>> [laughter] >> AND SO, I REMEMBER with the then Chief Staff, now Chief Staff Julius Debrah on the campaign, usually I will speak and I will introduce him.
How I struggled anytime I needed to defend the cancellation of this. It was a decision that we took and we suffered for it. But, in all humility, when we got the opportunity to reconsider, we said, "Look, we would reintroduce it." So, if you look at our 2020-2024 manifesto, we expressly said, "We're going to reintroduce the teacher training and nursing training allowance." That's what you do in politics.
>> Yeah.
>> The ability to do self-introspection, suddenly the NPP feels a certain level of wisdom that they claim departed from them when they had the benefit of governors. How come?
YOU ARE BASICALLY NOW pontificating to us better ways of doing things. You have solid 8 years.
What was it with the >> question before you, why is it that you're not passing this wholesomely irrespective of what the committee report does indicate?
>> When our friends in the MPP say we should pass it wholesome.
You and I, our trade, in fact, our permanent job is legal representation and quality legal representation.
Imagine we sit here and we have the benefit of providing client service.
And that person includes somebody charged under this legislation.
We should be charged for having committed a criminal offense. When the constitution itself says a person has a right to legal representation. Academic freedom is one that is considered all over the world including the ban on limited to you the work of a journalist.
So, this morning as a journalist, putting this topic up for discussion, if you make any comment that suggests even remotely an advocacy for such right, you can be charged. That will be extreme. And so, President Nana Addo Dankwa Akufo-Addo with all the lawyers surrounding him and know that President Akufo-Addo had a lawyer as his secretary, not like President Mahama.
But, that lawyer decided to give a cease and desist instead of telling him that the constitution says, "Mr. President, >> [music]
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