Retrogressive and Unfortunate: Madina MP Slams Akufo-Addo’s ‘Rejection’ of Witchcraft and Other Bills

“So, the President misconstrued article 108 when he gave that as a basis to refuse an assent and it is quite retrogressive and unfortunate. Unfortunate because we are talking about a social problem that is destroying people, the life of most vulnerable people of our society—elderly women, widows, marginalised,”

By Rhema On Dec 5, 2023

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The Member of Parliament for Madina, Francis-Xavier Sosu has slammed Akufo-Addo’s refusal to assent to the Witchraft and two other bills.

According to the refusal to sign the bills is “very retrogressive and smacking of bad faith.”

This comes after the President declined to assent to the Criminal Offences (Amendment) Bill, 2022, which seeks to proscribe witchcraft accusations, the Criminal Offences Amendment Number Two Bill, 2023 and the Armed Forces Amendment Bill.

The President, in a letter dated 28th November, addressed to the Speaker of Parliament, explained that he was unable to assent to these Bills because of concerns regarding Article 106 of the 1992 Constitution, particularly, by their nature.

He noted that the concerns raised were significant and had profound implications for the constitutional integrity of these legislative actions.

He reiterated that any legislation the House passed must be in complete alignment with the Constitution.
“I intend to have these Bills reintroduced in Parliament on my behalf in due course,” the President stated.

But in a sharp rebuttal, Mr Sosu who introduced the bills in Parliament, expressed his astonishment at the President’s assertion of constitutional infractions, especially considering that both bills had passed through consensus at committee and plenary levels during their deliberations.

“It is quite strange that at this last stage, the President would say that the bill has violated some Constitutional provisions. Once a bill has been admitted and has gone through all the processes and passed, it has become an act of Parliament. And no provision in the Constitution says that when an act has been by Parliament, the President can choose not to assent to the act on grounds that that act or its enforcement will in some respect have a charge on the Consolidated Fund,” he said.

The bills were initially introduced in the Parliament of Ghana on September 30, 2021, following the standard legislative process involving consultations and scrutiny by various stakeholders, including the Attorney-General, representatives from the Ministry of Defence, the Judicial Service, the Commission on Human Rights and Administrative Justice, and civil society organizations.

Sosu argued that the President’s misinterpretation of Article 108 was worrying especially when the issue affected vulnerable members of society.

“So, the President misconstrued article 108 when he gave that as a basis to refuse an assent and it is quite retrogressive and unfortunate. Unfortunate because we are talking about a social problem that is destroying people, the life of most vulnerable people of our society—elderly women, widows, marginalised,” he said.

Sosu recalled the genesis of the Criminal Offences (Amendment) Bill, which was initiated in response to the killing of a 92-year-old woman, Akua Dentaa, accused of witchcraft.

“Since the passage of this bill, while we were waiting for a Presidential assent, three more women have died on account of witchcraft accusations,” he said.

Sosu emphasized that according to the Constitution when a President refuses to assent to a bill, they are required to convey specific reasons and proposed amendments within the next 14 days, rather than issuing a blanket statement about constitutional provisions being violated.

Additionally, Sosu pointed out that during the 42nd session of the Universal Peer Review in Geneva, the Attorney-General, Godfred Yeboah Dame, referenced both the death penalty and witchcraft bills as progressive measures undertaken by Ghana to address human rights abuses.

“These bills, being in Parliament, and being passed by Parliament were part of consideration by the international community to vote for Ghana to have a seat at the Human Rights Council this year as they see these bills as very progressive,” he added.