Members of Parliament have acknowledged an error in the passage of the Companies Act 2019, specifically concerning a provision that prohibits a person facing charges from serving as a company director.
This provision, deemed inconsistent with the 1992 Constitution by a Supreme Court order, has prompted MPs to admit to the mistake.
According to a report by citinewsroom.com, Parliament has urged the office of the Attorney General to bring the matter before Parliament for necessary corrections.
The constitutional issue leading to this decision originated from a case filed by lawyer Derick Adu-Gyamfi, who argued that certain subsections of the Act were unconstitutional and violated principles such as fair hearing.
Tamale South Member of Parliament (MP), Haruna Iddrisu, openly acknowledged the legislative error related to the disqualified director provision. He called on the Attorney General to promptly present an amendment to Parliament for review and approval.
“In the company’s code we passed, we said that if a person is charged with an offence, that person does not qualify to be a director. We erred and we should eat our humble pie, and by this, invite the learned Attorney General to come urgently to this House with proposed amendments to the company’s code so that we right those wrong,” Haruna Iddrisu stated.
MP for Dome-Kwabenya, Sarah Adwoa Safo, who seconded the call, shared her opinion.
“I don’t want to over-buttress the point that indeed the Supreme Court has done a great job, and the Attorney General, I am sure, has heard the ruling of the Supreme Court and will do the needful and bring a proposed bill only to amend that portion of the company’s code,” she added.