The Companies Act posits that if a person is charged with an offense, he or she does not qualify to be a director of a company. The Supreme Court, however, struck out that section of the Companies Act as being inconsistent with the 1992 Constitution.

This was the judgment in a constitutional matter filed by a lawyer, Derick Adu-Gyamfi, who prayed the apex court to, among other things, delete, expunge, or strike out subsections of the Act.

According to him, those subsections are unconstitutional and violate the principle of fair hearing, among others.

The Member of Parliament for Tamale South, Haruna Iddrisu, admitted to the error committed in the subsection of the Act and called on the Attorney General to bring an amendment to Parliament for deliberation and approval.

“In the company’s code we passed, we said that if a person is charged with an offense, 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’s demands were seconded by the MP for Dome-Kwabenya, Sarah Adwoa Safo.

“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.”