Rockson Dafeamekpor
The Supreme Court in a unanimous decision has dismissed the application for injunction filed by South Dayi Member of Parliament, Rockson Dafeamekpor injuncting Parliament from considering the approval or otherwise of newly nominated Ministers.
The decision was taken by the seven-member panel of the Supreme Court constituted by the Lord Chief Justice, Gertrude Torkonoo to hear the writ filed by the NDC MP challenging the constitutionality of the latest ministerial nominations by President Nana Addo Dankwa Akufo-Addo.
The MP had file the case described by the supreme court panel as vexatious and unmeritorious in contra to a case filed by Richard Dela Sky 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 subjected 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 Ministers 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 Ministers 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.
-BY Daniel Bampoe