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President Nana Addo Dankwa Akufo-Addo has articulated his decision to withhold assent to the Criminal Offences Amendment Bill 2023, Criminal Offences Amendment Bill Number Two 2023, and the Ghana Armed Forces Amendment Bill 2023.
The President highlighted financial implications as the primary reason for his decision.
President Akufo-Addo emphasized that the Bills, introduced by Member of Parliament Francis-Xavier Kojo Sosu, did not align with constitutional provisions, and specifically pointed to Article 108 of the Constitution and Section 100 of the Public Financial Management Act 2016 (Act 921).
The Armed Forces (Amendment) Bill 2023 aimed to replace the death penalty with life imprisonment, while the Criminal Offences (Amendment) Bill Number Two 2023 sought to abolish the death penalty. Additionally, the Criminal Offences (Amendment) Bill 2023 aimed to proscribe witchcraft accusations.
The President underscored the substantial financial burden these Bills would impose on the Consolidated Fund and other public funds of Ghana. He explained that the projected costs related to imprisonment, sustenance, and healthcare for those convicted under the Bills necessitated careful consideration.
In a letter dated November 28th, the President invoked Article 106(8), stating that specific provisions of the Bills should be reconsidered by Parliament, with his recommendations for amendments if necessary.
Quoting Article 108, the President argued that Parliament should not proceed with bills that impose taxation, charges on public funds, or alter financial commitments without fiscal impact analysis or his initiation.
President Akufo-Addo emphasized the responsibility of Parliament to ensure that enacted laws comply with constitutional provisions safeguarding fiscal integrity and governance principles.
He, however, expressed support for the Bills and intended to reintroduce them in due course.
Speaker Bagbin disagreed with the President’s stance and stated the President has been misinformed about the bills.
