2 MPs, Abronye sue A-G over First, Second ladies’ salaries
Two separate legal actions have been initiated at the Supreme Court challenging Parliament’s approval of salaries for the spouses of the President and the Vice President.
The first was filed by two National Democratic Congress (NDC) Members of Parliament (MPs) — Mr Rockson-Nelson Dafeamekpor, South Dayi, and Dr Clement Apaak, Builsa South, while the second was filed by the Bono Regional Chairman of the governing New Patriotic Party (NPP), Mr Kwame Baffoe alias Abronye DC
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The legislators, who have been joined in the suit by one Frederick Nii Commey, are seeking eight reliefs from the Supreme Court.
Plaintiffs are yet to file their statement of case explaining the basis of their case.
MPs Reliefs
Among the reliefs are a declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution of Ghana, the Professor Yaa Ntiamoa-Baidu Committee appointed by the President under Article 71(1) only had jurisdiction to make recommendations in respect of the salaries, allowances payable, facilities and privileges of Article 71 office holders under the 1992 Constitution.
Plaintiffs are also seeking a declaration that upon a true and proper interpretation of Article 71(1) of the Constitution, the Prof. Ntiamoa-Baidu Committee had no 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 1992 Constitution.
Furthermore, the writ seeks a declaration that upon a true and proper interpretation of Article 71(1) of the Constitution, the Prof. Ntiamoa-Baidu Committee exceeded its jurisdiction, mandate and authority when it purported to make recommendations in respect of privileges, facilities, salaries and allowances payable to the First Lady and the wife of the Vice-President.
“A further declaration that the recommendations of the committee, to the extent that it pertains to the 1st Lady and the wife of the Vice-President of the Republic of Ghana, are null, void and of no effect,” the writ said.
Interpretation
The writ is also seeking “a declaration that upon a true and proper interpretation of the Constitution, spouses of the President and the Vice-President are not Article 71 office holders for the purposes of receipt of wages and emoluments.”
In addition, the plaintiffs are seeking an order declaring the recommendations in respect of privileges, facilities, salaries and allowances payable to the First Lady and the wife of the Vice-President as unconstitutional and void.
Besides, they are seeking an order restraining the President or any other arm, ministry, department or agency of the Executive from implementing any recommendation of the Prof. Ntiamoah-Baidu Committee which pertains to the First Lady and the wife of the Vice-President.
They also want any further order(s) or direction(s) that the court may deem necessary.
Abronye’s reliefs
Abronye is asking for a “declaration that the approval by Parliament to pay salaries to the First and Second ladies is inconsistent with Article 7 clauses 1 and 2 of the 1992 Constitution and consequently be declared null void and unenforceable.
Also, the plaintiff is seeking a declaration that per Article 71 () and (2), the positions of the First and Second ladles of Ghana do not fall under the category of public office holders.
In addition, he wants a “declaration that per Article 71 of the 1992 Constitution, the Emolument Committee is limited to recommending the salaries and other benefits and privileges of only public office holders.
Furthermore, he is seeking a declaration that per Articles 108 and 178 of the 1992 Constitution, Parliament cannot, on its own accord, initiate or approve payment of any such emoluments which would necessarily be paid from pubic fund, without a bill to that effect emanating from and introduced by the government and duly passed into law.
