A lawyer, Bobby Banson says the Speaker of Parliament, Alban Bagbin, had no legal grounds to suspend the vetting and approval of ministers and deputies appointed by President Akufo-Addo.
According to him, as of March 20, 2024, when the Speaker stated that he had before him a motion or an interlocutory injunction, there was no application pending.
Speaking on Newsfile on Saturday, March 23, Mr Banson argued that the Speaker had no “legal basis” to suspend the consideration of the appointees on March 20 if the decision was based on an interlocutory process before the Supreme Court.
“If he had made that statement on March 21 and said that because there was an injunction application, he would suspend and let the Supreme Court decide, I would have agreed with him. But on the 20th, there was no such application.”
His remark comes after the Speaker of Parliament suspended the vetting and approval of the new ministerial nominees appointed by President Akufo-Addo on Wednesday, March 20.
Mr Bagbin stated that the decision follows an interlocutory injunction filed at the Supreme Court by Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor.
In his final address to the House before adjourning sitting, Alban Bagbin said the lawsuit makes it impossible for Parliament to vet and process the new ministers.
“Hon Members, I also bring to your attention, the receipt of a process from the Courts titled Rockson-Nelson Etse K. Dafeamekpor vrs. The Speaker of Parliament and the Attorney-General ( Suit no. J1/12/2024) which process was served on the 19th of March 2024 and an injunction motion on notice seeking to restrain the Speaker from proceeding with the vetting and approval of the names of the persons submitted by His Excellency the President until the provisions of the constitution are satisfied.
“Hon. Members in the light of this process, the House is unable to continue to consider the nominations of His Excellency the President in the ‘spirit of upholding the rule of law’ until after the determination of the application for interlocutory injunction by the Supreme Court,” he explained.
The lawyer stressed that the Speaker of Parliament should have consulted with the leadership of both the Majority and Minority before making his pronouncement on the issue.
He remarked, “Through those consultations, his attention would have been drawn to the lawsuit.”
Meanwhile, the Attorney-General and Minister for Justice, Godfred Yeboah Dame says Parliament is not restrained from proceeding with the vetting and approval process of the ministerial nominees.
According to him, the action filed by Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor consists of a bare writ of summons.
He explained that no statement of the case in support of the writ was filed by the South Dayi MP as mandated by the Supreme Court Rules 1996 (C.I 16).
“It is thus correct to say, respectfully, that the suit is not properly constituted. In accordance with Rule 46(3) of C. I. 16, such an action will be struck out where a statement of case in support of the plaintiff’s writ is not filed within fourteen (14) days.
“The plaintiff has not filed an application for interlocutory injunction seeking to restrain the Speaker from proceeding with the vetting and approval of the names of the persons submitted by His Excellency the President or indeed any other interlocutory relief.
“Thus, there is nothing before the Supreme Court which may constitute a restraint or fetter on Parliament from proceeding with the approval of ministerial and deputy ministerial nominees presented to Parliament by the President in accordance with articles 78(1) and 79(1) of the Constitution,” the Attorney-General said.
