The Supreme Court says Parliament’s approval of payment of salaries and emoluments to First and Second Ladies from the Consolidated Fund is unconstitutional.
The seven-member panel presided over by Chief Justice Gertrude Sackey Torkornoo, which said this on Wednesday, held that presidential spouses did not fall under the public officeholders.
This was after the court granted three out of four reliefs sought by Kwame Baffoe, aka Abronye, the Bono Regional NPP Chairman, of Parliament’s approval of the payment of salaries to the First and Second ladies.
The apex court had before it Mr Baffoe (plaintiff’s) writ seeking a declaration that, the approval by Parliament to pay salaries to First and Second Ladies was inconsistent with Article 71 clauses 1 and 2 of the 1992 Constitution and consequently prayed that same should be declared null and unenforceable.
Again, the plaintiff sought declaration that, per Article 71 (1) and (2): the positions of the First and Second Ladies of Ghana did not fall under the category of public office holders.
Additionally, the plaintiff sought the Supreme Court’s declaration that, per Article 71 of the 1992 Constitution, the Emolument Committee was limited to recommending the salaries and other benefits and privileges of only public office holders.
These declarations were granted by the apex Court.
However, the Supreme court turned down the plaintif’s prayer to declare that per Articles 108 and 178 of the 1992 Constitution, Parliament could not, on its own accord, initiate or approve payment of any such emoluments, which would necessarily be paid from the funds, without a bill to that effect emanating from and introduced by government and duly passed into law.
In a related development, the court has turned down six out of seven reliefs sought by Rockson-Nelson Dafeamakpor, NDC Member of Parliament for South Dayi Constituency in a similar writ before it.
The only relief granted the MP and two others (Dr Clement Apaak, Builsa South MP and one Frederick Nii Commey) was that spouses of the President and the Vice President were not Article 71 office holders for the purposes of receipt of wages and emoluments.
GNA
KK
24 April 2024
