‘Doubled salaried MPs’ case: Serve 9 via substituted service - Supreme Court

The apex court presided over by a single judge, Justice Clemence Honyenuga in granting the writ, made specific orders for the processes to be posted within 14 days at the notice boards of Parliament House, Supreme Court, and the High Court Complex.

Is allowance instantly strangers applauded

The Supreme Court has ordered the substituted service on 9 out of the 10 MPs who have been sued for alleged double salary payments.

Kwame Baffoe Abronye filed a suit at the Supreme Court in 2021, invoking its original jurisdiction per Article 98 of the Constitution, 1992.

Per the above constitutional provision, Members of Parliament are barred or not permitted to hold offices of profit or emolument whether private or public unless per the prior permission of the Speaker of Parliament or on grounds that will not evoke conflict of interest thus prejudicing their work as MPs.

Therefore the applicant is at the Supreme Court of Ghana to direct or compel all Ministers and Deputies under the erstwhile Mills/ Mahama administration who were between 2009 to 2016, elected as Members of Parliament to refund to the state all double salaries received by them per Article 78(3) of the Constitution.

On Thursday, April 7, 2022, the apex court granted an ex-parte application by Seth Gyapong Oware, the lawyer for the Bono Regional NPP Chairman to the effect that it has become impossible to serve processes on 9 of the defendants thus prayed for an order for substituted service.

The apex court presided over by a single judge, Justice Clemence Honyenuga in granting the writ, made specific orders for the processes to be posted within 14 days at the notice boards of Parliament House, Supreme Court, and the High Court Complex.

Additionally, the court noted per the order for substituted service that the processes should be published in the Daily Graphic and Daily Guide Newspapers respectively. 

The applicant, Bono Regional Chairman of the ruling NPP, Kwame Baffoe popularly called Abronye has dragged 10 Members of Parliament whose names are; Haruna Iddrisu, Alhassan Azong, Fifii Fiave Kwetey, Eric Opoku, Abdul Rashid Hassan Pelpuo, Emmanuel Armah Kofi Buah, Edwin Nii Lantey Vanderpuye, Mark Owen Woyongo, and Comfort Doyoe Cudjoe Ghansah and Aquinas Tawiah Quansah to the apex court.

He is seeking inter alia a  declaration that receiving “double salaries” as Members of Parliament and Ministers of State/Deputy Ministers of State between the period of 2009-2016 from the consolidated fund is inconsistent with Article 98 of the 1992 Constitution of the Republic of Ghana and consequently be declared null, void and unenforceable.

Also, a declaration that by receiving double salaries from the consolidated fund without the express permission of the Speaker of Parliament acting on the recommendation of a committee of Parliament, they have sinned against Article 98 of the 1992 Constitution of the Republic of Ghana thus wants same to be declared unconstitutional, null and void.

Moreover, the plaintiff argues that by receiving salaries as Members of Parliament and Ministers of State/Deputy Ministers of State between the period of2009-2016 from the Consolidated fund, the defendants have violated Article 78(3) of the 1992 constitution of the Republic of Ghana.

Further to the above, he is seeking the Supreme Court to direct the defendants to pay back into the consolidated fund the double salaries received as Members of Parliament and Ministers of State/Deputy Ministers of State between the period 2009-2016.