The Supreme Court is set to decide the fate of new ministers nominated and other ministers reshuffled by President Akufo-Addo following an injunction filed by Member of Parliament for South Dayi, Rockson Nelson Dafeamekpor.
The NDC legislator in his suit against the Speaker of Parliament (1st defendant) and the Attorney General (2nd defendant) argues that following the revocation of the appointments of some of the ministers, the President should have sought the approval of Parliament before giving them new portfolios.
President Akufo-Addo on February 14, 2024 announced a reshuffle consisting of 13 ministers and 10 deputy ministers being relieved of their post, while 6 of them were reassigned into various portfolios.
The Apex court will hear the matter on Wednesday, March 27.
Below are the reliefs being sought by the Member of Parliament for South Dayi:
“a declaration that under Article 78(1) of the 1992 Constitution, a Minister of State shall be appointed by the President with the prior approval of Parliament” and second, “a declaration that under Article 81(a) of the 1992 Constitution, the office of a Minister of State or a Deputy Minister shall become vacant if his appointment is revoked, terminated or relieved of that portfolio by the President.
“a declaration that upon a true and proper interpretation of Articles 78(1) and 81 (a) of the 1992 Constitution, a Minister of State or Deputy Minister of State who has had his appointment revoked, terminated or relieved of portfolio by the President, cannot be re-assigned to another Ministerial or Deputy Ministerial office without prior approval of Parliament”.
“a declaration that upon a true and proper interpretation of Articles 78(1) and 81 (a) of the 1992 Constitution, once a Minister of State or Deputy Minister of State has had his appointment revoked, terminated or relieved of that portfolio by the President, that Minister of State or Deputy Minister of State must be subject to the requirement of prior Parliamentary approval before that Minister of State or Deputy Minister of State is re-appointed as a Minister or Deputy-Minister of State.
“a declaration that upon a true and proper interpretation of Articles 78(1) and 81(a) of the 1992 Constitution, the Ministers of State and the Deputy Minister of State whose appointments were revoked on the 14th of February, 2024 cannot be re-assigned or re-appointed to other Ministerial and Deputy Ministerial offices without prior approval of Parliament”.
“a declaration that failure and/or refusal of the President of the Republic of Ghana to seek the prior approval of Parliament before purporting to re-assign the Ministers of State and the Deputy Minister of State whose appointments were revoked or terminated or relieved of their portfolios on the 14th of February, 2024 amounts to a direct violation of Articles 78(1) and 81(a) of the 1992 Constitution.
“a declaration that any Ministerial appointment which has not been subject to prior Parliamentary approval is in direct violation of Article 78(1) of the 1992 Constitution.
“an order directing the President of the Republic of Ghana to submit to Parliament for prior 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 Minister 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 Presidential 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 and have been re-assigned new Ministerial and Deputy Ministerial offices”.
It would be recalled that the Speaker of Parliament, Alban Bagbin cited this suit to announce his decision to halt the approval processes for the minister designate.
“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,” Mr Bagbin stated.
