Otiko Afisa Djaba
The Supreme Court has thrown out a writ filed by two National Democratic Congress (NDC) Members of Parliament (MPs) seeking to revoke the appointment of Otiko Afisa Djaba as Minister of Gender, Children and Social Protection for failing to do her National Service.
The plaintiffs, Ernest Henry Norgbey, MP for Ashaiman and Kwabena Mintah Akandoh, MP for Juaboso in February, this year, sued the Attorney General and Minister of Justice as the first defendant and Madam Djaba as the second defendant.
They prayed the apex court to annul the nomination of Madam Djaba as the Gender and Children Protection Minister because she failed to do her national service, among others.
A seven-member panel, chaired by Chief Justice Sophia Akuffo, Sophia Adinyira, Jones Dotse, Sulley Gbadegbe, Akoto Bamfoh, A.A Benin, and Gabriel Pwamang, was empanelled to hear the matter.
At yesterday’s sitting, Nutifafa Kuenyehia, counsel for Otiko Djaba, raised a preliminary objection concerning the legal standing of the defence lawyer.
He argued that Lawyer Godwin Tamakloe at the time of filling the writ did not have a valid solicitor’s licence and was therefore not in good standing as a lawyer to file the writ.
The plaintiffs’ lawyer argued that at the time of filing the writ he had applied for a renewal of his licence but due to administrative processes could not get it before filing the case.
He told the court that he filed the case on February 9, 2017 and attached a copy of a receipt acknowledging his application for the licence.
He said he got his new licence on February 20 and therefore prayed the court to consider the writ.
The court, presided over by the Chief Justice, asked the lawyer if he could travel with a receipt of an application for a passport, which the lawyer answered in the negative.
The CJ asked the lawyer whether at the time of filing the writ, he had a valid licence and Mr. Tamakloe told the court he did not.
The panel therefore ruled that counsel admitted he did not have a valid solicitor’s licence at the time of filing the writ.
It subsequently dismissed the writ for being “incompetent.”
Writ
The two MPs, through their lawyer in February 2017, filed the writ challenging the legibility of Madam Otiko Afisa Djaba to be appointed as a minister when she had ‘failed’ to do her National Service.
The NDC MPs prayed the court that “upon a true and proper interpretation of the provisions of the constitution particularly Article 94 (2)(g) of the constitution” allowing Madam Djaba to continue as Minister “is in contempt of section (7) of the Ghana National Service Act, Act 426.”
According to the writ, “We also want an order directed at the second defendant restraining her from acting or purporting to act as Minister of State until such a time she completes her national service or duly granted an exemption in accordance with the National Service Act.”
Madam Djaba’s nomination at the time was condemned by the NDC MPs who argued that it was illegal for her to serve as a minister when she had not done her required National Service.
The MPs and some section of Ghanaians however took exception to the disapproval by the NDC, stating that their action may be informed by certain comments made by Madam Djaba concerning former President John Dramani Mahama.
Despite the court action, and the strong opposition from the NDC, Madam Otiko was approved by Parliament as the Minister of Gender, Children and Social Protection.
Meanwhile, the decision of the Supreme Court to dismiss the writ may not be the end of the case, as lawyer for the MPs is planning to file the writ again.
In an interview DAILY GUIDE, Mr Tamakloe disclosed that the court dismissed the writ because he did not have a valid licence at the time and would file it again.
He, however, failed to disclose when he would file the writ again.
By Gibril Abdul Razak