The Supreme Court has declared as unconstitutional parliament approval of salaries to be paid to the First and Second Ladies.
The panel of seven presided over by the Chief Justice (CJ) Gertrude Sackey Torkornoo, said the action challenging Parliament approved recommendations of the Prof Yaa Ntiamoah-Baidu-led Committee on emoluments for Article 71 office holders is inconsistent with provisions in the Constitution.
The apex Court also granted the request that, “per Article 71 (1) and (2); the positions of the First and Second ladies of Ghana do not fall under the category of Public Office holders.”
The judgement of the apex court followed an action filed by Kwame Baffoe, the current Bono Regional Chairman of the New Patriotic Party on July 8, 2021.
The apex Court Declared that, “the approval by Parliament to pay salaries to the First and Second ladies is inconsistent with Article 71 Clauses 1 and 2 of the 1992 Constitution of the Republic of Ghana and consequently be declared null, void and unenforceable.
The panel also declared that, “per Article 71 (1) and (2); the positions of the First and Second ladies of Ghana do not fall under the category of Public Office holders.”
Justice Torkornoo’s panel also declared that, “per Article 71 of the 1992 Constitution of the Republic of Ghana; the Emolument Committee is limited to recommending the salaries and other benefits and privileges of only public office holders.”
EIB Network’s Legal Affairs Correspondent, Murtala Inusah, who was at the Supreme Court reports that, the apex Court declined the last of his four reliefs as follows;
“Declaration that, “per Articles 108 and 178 of the 1992 Constitution of the Republic of Ghana; parliament cannot, on its own accord, initiate or approve payment of any such emoluments; which would necessarily be paid from public funds; without a bill to that effect emanating from and introduced by the Government and dully passed into law.”
Dafeamekpor, Clement Apaak& Nii Tackie Commey fall
The panel which also includes Justice Gabriel Pwamang, Justice Avril Lovelace-Johnson, Justice Henrietta Mensa-Bonsu, Justice Barbara Ackah-Yensu, Justice Samuel Asiedu and Ernest Gaewu granted one of the seven reliefs from Rockson-Nelson Dafeamakpor and two others.
The apex Court agreed with him that, “A declaration that upon a true and proper interpretation of the Constitution, 1992, spouses of the President and the Vice President are not Article 71 office holders for the purposes of receipt of wages and emoluments.”
Dismissed reliefs
1. A declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution of Ghana, the Prof. Ntiamoah-Badu Committee appointed by the president of the Republic of Ghana under Article 71(1), only had jurisdiction to make recommendations in respect of salaries, allowances payable, facilities and privileges of Article 71 office holders under the Constitution.
2. A further declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution of Ghana, the Prof Ntiamoah-Badu Committee had o jurisdiction, mandate or authority to make any recommendations in respect of salaries, allowances payable, facilities and privileges of persons other than persons specified under Article 71 of the Constitution.
3. A declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution, the Prof Ntiamoah-Badu Committee exceeded its jurisdiction, mandate and authority when it purported to make recommendations in respect of privileges, facilities, salaries and allowances payable to the 1st and 2nd ladies of Ghana.
4. A further declaration that the recommendations of the Committee, to the extent that it pertains to the 1st and 2nd ladies of the Republic, are null, void and of no effect.
5. An order declaring the recommendations in respect of privileges, facilities, salaries and allowances payable to the 1st and 2nd ladies of the Republic as unconstitutional and void.
6. An order restraining the President of the Republic or any other arm, ministry, department, or agency of the executive from implementing any recommendations of the Prof Ntiamoah Committee which pertains to the 1st and 2nd Ladies of the Republic.
Source: Kasapafmonline.com/Murtala Inusah
