Decision to pay presidential spouses unconstitutional – Supreme Court

The Supreme Court has declared as unconstitutional the decision by Parliament for the wives of the President and Vice President to receive salaries.

According to the apex court, the approval is inconsistent with the 1992 constitution since the first and second ladies do not fall under public officeholders.

Among other things, the NPP Chairman was seeking a “Declaration that per Article 71(1) and (2), the positions of the ladies do not fall under the category of Public Office holders.”

The writ added 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 duly passed into law.”

Again, the suit urged the court to declare 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.

Mr Abronye’s fourth relief, which was praying the Court to to declare that 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 duly passed into law, was not granted. 

Although the National Democratic Congress (NDC) Members of Parliament (MPs) for South Dayi Constituency, Rockson-Nelson Dafeamekpor, filed a similar action, his reliefs which focused on the recommendations of the Professor Yaa Ntiamoa-Baidu Committee were dismissed, while only one was granted.