Judgement on Spousal Salary payment: Any consequential orders are implied – Dafeamekpor on whether paid salaries will be retrieved

Declaration that the approval by Parliament to pay salaries to the First and Second ladies is inconsistent with ARTICLE 71 CLAUSES 1 AND 2 of the 1992 Constitution of the Republic of Ghana and consequently be declared null, void and unenforceable.

b.

Declaration that, per Article 71 (1) and (2); the positions of the First and Second ladies of Ghana do not fall under the category of Public Office holders.

c.

Declaration that, per Article 71 of the 1992 Constitution of the Republic of Ghana; the Emolument Committee is limited to recommending the salaries and other benefits and privileges of only public office holders.

d.

Declaration that, per Articles 108 and 178 of the 1992 Constitution of the Republic of Ghana; Parliament cannot, on its own accord, initiate or approve payment of any such emoluments; which would necessarily be paid from public funds; without a bill to that effect emanating from and introduced by the Government and dully passed into law.My Lords, this statement of case, is filed by the Plaintiff in accordance with Rule 46 of the Supreme Court Rules, 1996 (C.l. 16).

Chief Justice Gertrude Torkornoo who presided over the 7-member panel of Judges however dismissed all but one of the reliefs being sought by South Dayi Member of Parliament, Rockson-Nelson Dafeamekpor whose suit was similar to that of ‘Abronye’.

The court held that Rockson-Nelson Dafeamekpor focused on the recommendations of the committee whereas Abronye focused on the actions of Parliament.

The court also dismissed the fourth relief sought by the NPP Bono Regional Chairman, Kwame Baffoe.

Here are the reliefs sought by Rockson-Nelson Dafeamekpor which were dismissed by the Supreme Court:

1.

A declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution of Ghana, the Prof.

A further declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution of Ghana, the Prof Ntiamoah-Badu 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 the Constitution.

3.

A declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution, the Prof Ntiamoah-Badu Committee exceeded its jurisdiction, mandate and authority when it purported to make recommendations in respect of privileges, facilities, salaries and allowances payable to the 1st and 2nd ladies of Ghana.

4.