A former National Chairman of the Peoples National Convention (PNC) Bernard Mornah has said the Minister of Roads and Highways Kwasi Amoako-Atta should be made to pay for the losses following the closure of the toll booths.
Mr Mornah said the minister is a lawmaker therefore, he should have known that until Parliament approved the budget, the policy proposals could not take effect.
Speaking on the New Day show on TV3 Friday November 10, Mr Mornah told Berla Mundi that “You can’t do that, we are a country of laws and you are a Member of Parliament , you make the laws.
“You do know that once the toll Act has been in place it is only parliament that has the capacity to say don’t collect tolls. For me, the Minister for Roads should be made to pay for the number of days until the budget is approved, how much on the average.
“Of course we know how much is collected per year so you can average it how much is collected per day and let him pay. next time he wont do that.”
Bernard Mornah calls for Roads minister to pay back lost monies due to tollbooths closure.
— #TV3GH (@tv3_ghana) November 19, 2021
The Speaker of Parliament, Alban Bagbin on Thursday November 18 directed the Minster to reverse the decision to stop road toll payments in the country.
The Speaker said in Parliament on Thursday November 18 that the Minister who is also Member of Parliament for Atiwa West acted wrongly by issuing that command.
“These are policy proposals that the Minister of Finance has presented to the House. Until they are approved nobody has the authority to start implementing something that doesn’t exist.
“Does [the road minister’s order] amount to a disrespect of the House? That is where I may differ.
“The Minister of Roads and Highways, because this is not a court of law, might have misunderstood or misapplied the law and so it is for us to draw his attention and tell him that you have no such authority. In spite of all the legal and linguistic gymnastic that have been displayed , it is very clear that what the minister sought to do he had no such authority to do that.
“I want to clearly direct that what the Minister has released is complete Brutum Fulmen, it means it is an empty boast , it has no effect and therefore I call on him to honorably withdraw that directive. Failure to do so will be a serious breach of the directive of the speaker and that would amount to contempt of parliament.
“I think that it is proper for us to direct the minister, a member of this house, in fact a senior member of this house, I think that he might have acted wrongly and therefore I call on him to reverse this decision,” he ruled.
Mr Kwasi Amoako-Atta, on Wednesday November 17 directed the cessation of collection of tolls on public roads and bridges effective Thursday, November 18 after the Finance Minister Ken Ofori Atta had announced in the 2022 budget statement the cancellation of the tolls.
A press release issued a few hours after the announcement by the Minister of Finance, said the directive will take effect from 12:00am Thursday.
“Motorists are kindly advised to approach the locations with caution and observe all safety measures that will be put in place,” the press release said.
But during deliberations on the floor of the House on Thursday , Minority leader Haruna Iddrisu questioned the powers that the Minister relied on to issue this directive when the budget had not been approved by Parliament.
Supporting Mr Iddrisu’s submission was the lawmaker for Adaklu, Kwame Agbodza.
Mr Agbodza said “It is quite clear that the Minister sidestepped parliament by pretending that he as a minister, not even the finance minister, has the right to waive taxes in this country. My senior colleague the road minister is a lawyer and a very experienced one. I submit that this action is not a mere action.
“To make it quite serious, on Tuesday Mr Speaker, your committee on Roads and Transport met and invited the minister of roads and transport to work on a referral which is to build the road between Manfe and Koforidua. At that meeting I asked the Ministry representative where the minister was . The response they gave me was the Minister was on an official trip with the president
The Minister should have known that he has no such powers.
In any case he was not in the jurisdiction. So Mr Speaker, we want you to direct that the Minister has no such powers to waive the payment of charges in this country expect Parliament. Mr Speaker direct that the Minister rescind his decision, if he so wishes he should present that to parliament.”
For his part, Member of Parliament for Abuakwa South, Samuel Atta Akyea defended the Minister saying he did not disrespect Parliament and the laws by issuing that order when the budget had not been approved.
He said “Even in the Supreme Court , with the greatest of respect Mr Speaker, sometimes there is a misreading of the law which does not amount to the fact that the law lords are disrespecting the law. So at such a time that we we made that distinction we cannot attribute to the honourable Minister for Roads and Highways he is disrespecting the law.”
He added “Probably , with the greatest of respect, this could be an administrative error which should not be , It happens.”