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7th July 2023 11:05:17 AM
2 mins readBy: Phoebe Martekie Doku
The government has voiced its opinion that the Supreme Court's decision to strike out provisions in the Narcotic Control Commission Act, which permitted the cultivation of certain types of cannabis for medicinal and industrial uses, is a significant error.
Previously, the Supreme Court had ruled in favor of an applicant who invoked the court's original jurisdiction to strike down the provision, citing a violation of Article 106 of the 1992 Constitution.
The Office of the Attorney-General filed a review application, but it was ultimately dismissed in a 5-4 decision.
During discussions on amending the Narcotic Control Commission Act, the Minister of Interior, Ambrose Dery, argued that the proposed amendment does not aim to legalize recreational cannabis use.
Instead, it seeks to establish a framework for granting special licenses for cannabis production.
“To therefore say that Section 43 is unconstitutional, was in my humble opinion a grievous error. However, because we need to be in tandem with the international movement, and also because we consider this to be a public health issue and benefit of industrial as well as economic value, this amendment is necessary to let us put back what has been in my view declared unconstitutional,” Mr. Dery argued.
In response to the Supreme Court's ruling, the Speaker of Parliament, Alban Bagbin, criticized it as improper.
As a result, he referred the Narcotics Control Commission amendment bill to the Defense and Interior Committee for thorough evaluation.
He specifically instructed the committee to submit their report within the next seven days.
“I think the country is losing a lot as a result of this decision. We need to work expeditiously to rectify the wrong. 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 arms want to take.
“I don’t think that it is proper for the judiciary, without knowing how we conduct our business here, to really go into how we conduct our business and make such an important decision without consulting the House. That is improper,” the Speaker of Parliament said.
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