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A private legal practitioner Mr Abraham Amaliba has said that he would not fault the Supreme Court for its decision that the Clause in the bill that is seeking to amend the Narcotics Control Commission Act, 2020 (Act 1019) to empower the Minister for the Interior to grant a license for the cultivation of cannabis for industrial use, was unconstitutional if Parliament did not use the right channel in approving the Bill.
It is recalled that the Supreme Court struck out the law on granting license to grow cannabis, popularly known as ‘wee’, because there was no debate in Parliament on it before its passage into law, as stipulated by Article 106 (5) (6) of the 1992 Constitution.
But Speaker Alban Bagbin who indicated that the country was losing out because of this decision, said he made his displeasure over the ruling known to the justices of the apex court in a meeting and urged them to consult Parliament for proper briefings whenever they are making such decisions.
Speaking after the presentation and the first reading of the Narcotics Regulation Commission Amendment Bill, 2023, by the Minister for the Interior, Ambrose Dery on the floor of Parliament on Thursday, July 6, the Speaker said “We are not reviewing the decision of the Supreme Court, what we are seeking to do is to correct an error and reinstate the right provision.
“So I am going to refer the bill to the Committee on Defence and Interior for consideration and report to the House.
“The Committee could present the report within one week. It is a matter that is dear to my heart personally, and I think the country is losing a lot as a result of this [Supreme Court] decision. We need to work expeditiously to rectify the wrong.”
He added “I hope that the three arms of government will work together and respect each other. In cases of doubt, it is important to consult the other arm before giving finality to whatever decision the other arm wants to take.
“I don’t think that it is proper for the judiciary to, without knowing how we conduct our business here, really go into how we conduct the business and make such an important decision without consulting the house, that is improper. I have made this known to them and I want this to be known publicly, this is for the benefit of the country. So please, committee, you are given one week to submit your report.”
Commenting on this matter on the Big Issue on TV3 Friday July 7, Mr Amaliba said “Initially, when I heard it I thought they are now going to allow people to be smoking wee like cigarette so when I heard it I said it was a good thing that the Supreme Court has struck it down but it is not about that, it is about industrial use.
“We all know from our school days that there is some medicinal value in marijuana so that was what the law was supposed to be for, but if Parliament also did not pass through the proper channels to pass the law then I think that I will not fault the Supreme Court.”
He added “In the last part where Mr Speaker said there should have been consultation, I agree with him because these three organs of government are not enemies, they are not opposed to each other, these three organs are supposed to work hand in hand, which is a fusion of powers.
“There is the separation of powers where each one must be on his lane then there is a fusion of powers where they can meet and get a compromised position.
“Not to oppose Mr Speaker, but I am of the view that no two-state institutions can come together and agree to disrespect the constitution, the constitution is paramount so Mr Speaker’s comments are good for future deliberations but if something is unconstitutional no two institutions or two individuals in government can come into the room and conspire to do away with the constitution, so on that score I will not fault Supreme Court so much.”
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