Rockson Dafeamekpor
A seven-member panel of the Supreme Court constituted by the Lord Chief Justice, Gertrude Torkonoo will later today Wednesday, March 27, 2024, hear a writ filed by a Member of Parliament (MP) for South Dayi Rockson-Nelson Etse K. Dafeamekpor which is asking the Apex Court to restrain the Parliament of Ghana from approving newly appointed ministers of state.
The NDC Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, is at the Supreme Court challenging the constitutionality of the latest ministerial nominations by President Nana Addo Dankwa Akufo-Addo, while Dela Sky is seeking to challenge the constitutionality of the Promotion of Human Sexual Rights and Family Values Bill, 2024, also known as the anti-gay bill.
The Plaintiff in a writ filed on March 18, 2024, against the Speaker of Parliament and the Attorney General is contending that a declaration of any Ministerial appointment which has not been subject to prior Parliamentary approval is in direct violation of Article 78(1) of the 1992 Constitution which states that “a Minister of State shall be appointed by the President with the prior approval of Parliament” hence the failure of the President to refer some of his re-assigned Ministers to Parliament violates provisions of the 1992 Constitution.
In the writ, the NDC MP is also seeking 11 reliefs which comprised of seven declarations and four orders.
“An order directing the President of the Republic of Ghana to submit to Parliament for approval, the names of the Ministers of State and the Deputy Minister of State whose appointments were revoked or terminated on the 14th of February, 2024 and who were subsequently supposedly re-assigned to other Ministerial and Deputy Ministerial offices for purposes of appointment as Ministers of State and Deputy Ministers of State.
“An order of interlocutory injunction restraining the Speaker of Parliament, the 1st Defendant herein, from proceeding with the vetting and approval of the names of the nominees of the President submitted to Parliament until the requirement that a Minister of State shall be appointed by the President with the prior approval of Parliament is satisfied in respect to the Ministers of State and the Deputy Minister of State whose appointments were revoked on the 14th of February, 2024 have been re-assigned new Ministerial and Deputy Ministerial offices.
“An order of perpetual injunction restraining the Speaker of Parliament, 1st Defendant herein, from proceeding with the vetting and approval of the names of the nominees of the President submitted to Parliament until the requirement that a Minister of State shall be appointed by the President with the prior approval of Parliament, satisfied in respect to the Ministers of State and the Deputy Ministers of State whose appointments were revoked on the 14th of February, 2024 and have been re-assigned new Ministerial and Deputy Ministerial offices.”
The legal action taken by the Member of Parliament described by many as “unnecessary” is a result of a letter sent to Parliament by the Secretary to the President preventing Parliament from submitting the anti-gay bill for the President’s assent.
The bill since passed by Parliament has raised several concerns with some international and local organizations urging the President not to assent.
However, the Attorney General, Godfred Yeboah Dame who is the second defendant argues that the substance of Dafeamekpor’s suit is a challenge to the power of the President to relieve ministers serving in his government of their portfolios and reassign them to different Ministries, adding that it has no bearing on the approval of persons newly nominated by the President as Ministers and Deputy Ministers and duly presented to Parliament for approval in accordance with articles 78(1) and 79(1) of the Constitution.
-BY Daniel Bampoe