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"content": "As your Speaker, I do not feel that the points of order raised, and the forum at which they were raised, afforded me adequate opportunity to make a summary determination without a full hearing; either that the Constitution was contravened or that it was complied with. If I were a judge sitting on the Bench in a court of law, and not on the Speakerâs Chair, I would rule that the matter proceeds to hearing and that the objections raised be heard and determined at that stage. In parliamentary parlance, the forum for a full hearing entailing adducing and rebuttal of evidence, examination and cross-examination of witnesses, is the Committee of the House. The Standing Orders, recognizing that the plenary is unsuitable for a detailed examination of important matters, has made provision for committees to precede plenary consideration of such matters. Hon. Members, I do recognise, of course, that the point has been made that the matters complained of, being unconstitutional, they do not merit even transmittal to the committee. With respect, in the present case, I disagree. The role of a Committee in the vetting process is to consider all aspects of the proposed nominations, including compliance with the Constitution and all relevant, enabling and incidental laws. In answer to the question I have previously posed, I do find, and I therefore so rule, that in conformity and consonance with the precedents and practice developed and embraced by this House, the proper role of the Speaker when he receives nominations, and particularly those made pursuant to the provisions of the Constitution, is that, the minimum he will do, as a first mandatory step, is to convey these to the relevant organs of the House. It is also the role of the Speaker to see to it that the Committees of the House do consider any forwarded nominations, observing constitutional requirements as to public participation and due process and report to the House their findings both as to the constitutionality and other propriety of the nominations as well as their recommendations for action by the House. If this is not done, I am of the considered opinion that the Legislature shall not meet the requirements of the Constitution. Hon. Members, let me clarify that reference of the correspondence so far received both from the Office of His Excellency, the President and the Right Hon. Prime Minister to the relevant Committees of the House does not amount to a finding or determination that these nominations were or were not constitutionally made. Nothing can be further from the truth. It is merely a pronouncement that it is inopportune at this stage for the Speaker to make such a determination because the House is not yet substantively seized of the matter, and further that other players whom the Constitution recognizes as having a role in the matter have not had opportunity to formally participate in the process in a manner that would enable the Speaker or indeed the House to make that determination from a point of full knowledge. In a manner of speaking, these stakeholders have not been consulted. It may very well be that at the end of this exercise, the relevant Parliamentary Committees as they are obligated to, having delved into the matter, there will be a Motion or proposed Motion as presumed by Standing Order No.47 that the House shall deal with. Hon. Members, from my pronouncements above it should become apparent that all the other issues raised requiring determination of facts or law have not crystallized because of my finding that from a constitutional, legal and procedural point of view a summary and preliminary determination of the matter is neither possible nor desireable. I, therefore, rule that as at where we are, it is not appropriate and I accordingly decline to make a determination as to whether or not the nominations transmitted to my office by the Office of His Excellency the President were or were not constitutionally arrived at nor whether there was or was not consultation within the meaning of the Constitution nor whether or not ethnic diversity and gender equality were observed. It follows that I accordingly withhold any determination or comment on the veracity and weight to be accorded to the letter received from the Rt. Hon. Prime Minister. I will repeat that so that it is clear. It follows that I accordingly withhold any determination or comment on the veracity and weight to be accorded to the letter received from the Rt. Hon. Prime Minister. I further direct that the two letters be forwarded to the Departmental Committees on Justice and Legal Affairs and Finance, Planning and Trade according to their respective mandates for disposal as provided for in the Standing Orders and the law. Given the urgency of the matter and the Constitutional deadlines, I direct that the Committees shall carry out the requisite inquiries and table their reports in the House on or before Thursday, 10th February, 2011."
}