By Beatrice Oppon
The Supreme Court has declared the approval by Parliament for the payment of salaries to the First Lady and Wife of the Vice President as unconstitutional and therefore null and void.
Bono Regional Chairman of the NPP Kwame Baffoe popularly known as Abronye DC filed the suit to reverse the payment of salaries approved for First Lady and Wife of the the Vice President.
His suit was triggered by Parliament’s approval of the recommendations of the Prof Yaa Ntiamoah-Baidu led Committee on emoluments for Article 71 Office holders for which spouses of the President and Vice President will receive same monthly salaries as Cabinet Ministers.
The NPP’s Bono Regional Chairman Kwame Baffoe also known as Abronye DC was seeking four reliefs which are a declaration that the approval by Parliament to pay salaries to the First and Second Ladies is inconsistent with Article 71 clauses 1and 2 of the Constitution and consequently should be declared null, void and unenforceable.
A further 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. Another declaration that, per Article 71 of the Constitution, the Emolument Committee is limited to recommending the salaries and other benefits and privileges of only public office holders.
The last relief was a Declaration that, per Articles 108 and 178 of the Constitution, 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. The last relief was however dismissed by the court. Lawyer for the plaintiff Esinam Kporku said the decision by the court confirms the rule of law in the country.
The plaintiff Abronye said any amendment to the Constitution should be done through a referendum. He said Parliament exceeded its powers by approving the payment of salaries to spouses of the President and Vice President.
The Supreme Court also determined a similiar suit filed by MP for South Dayi Rockson Nelson Dafeamakpor, Builsa South MP Dr Clement Apaak and one Frederick Nii Commey.
The Court granted one relief out of the seven pleaded by the plaintiffs. The said relief sought was a declaration that spouses of the President and the Vice-President are not Article 71 office holders for the purposes of receipt of wages and emoluments. The court refused the other reliefs because they were directed at the Professor Yaa Ntiamoah-Baidu led Committee.
The Court held that the action against the Committee was misconceived because its recommendations have no force.
