Speaker tells Supreme Court on cannabis ruling: “It is improper to strike down an Act without consulting us”

Speaker of the House Alban Bagbin has voiced his disappointment with the Supreme Court’s decision to invalidate the statute allowing for the cultivation of cannabis in Ghana.

Section 43, which permits the Minister to provide licences to anyone for the production of cannabis for medical and industrial uses, was repealed by the Apex court in July 2022.

The Speaker contends that it was improper for the Apex court to enforce its decision without first confirming the proper channels and procedures a bill must follow to become law.

“I really hope that the three branches of government would cooperate and respect one another. When in doubt, it’s crucial to contact the other arm before approving any decisions that the other arm makes.

“I don’t believe it was appropriate for the judiciary to get so involved in how we do business here, actually understand how we do business, and make such significant judgements without engaging the House. He remarked in Parliament on June 6, 2023, “That is inappropriate.

The measure has been sent to the Committee on Defence and Interior for review in the interim by the speaker.

The appropriate clause must be developed by the committee in order to reenact the statute.

The issue was important to Mr. Bagbin, he said. As a result, he has given the Committee a week to finish the report.

Additionally, Interior Minister Ambrose Dery called the Supreme Court’s decision a grave mistake.

Because there was no debate, he claimed, “therefore, it would be a grave mistake in my humble view to claim that section 43 is unconstitutional since there was no discussion of it.”

The Nandom MP went on to say that the bill’s goal is to provide the Minister the authority to grant licences to those who can cultivate cannabis with 0.3% THC, not to legalise the drug for recreational use.

He stated that the legislation was intended to assist the government in adopting a contemporary strategy and permit the industrial and medical usage of cannabis.

In the meanwhile, the administration has inserted the identical clause that the Supreme Court invalidated as a Parliament amendment.

The Supreme Court ruled in August 2022 that Parliament did not behave in a transparent manner while passing the Narcotics Control Commission behave.

Specific mention was made of the sections of the law (Section 43) that allowed for the industrial and medical production of cannabis.

The court ruled this clause invalid on July 27. Since then, the complete ruling of the highest court has been made public.