Dafeamekpor sues Speaker; wants Parliament restrained from vetting, approving Ministers of state, deputies
He avers that the president’s appointment and assignment of these appointees without the prior approval of parliament is unconstitutional.
The Member of Parliament for South-Dayi, Rockson Nelson Dafeamekpor has sued the Speaker of Parliament at the Supreme Court seeking a perpetual injunction to restrain the House from proceeding with the vetting and approval of the newly assigned Ministers of State and Deputies.
He avers that the president’s appointment and assignment of these appointees without the prior approval of parliament is unconstitutional.
The MP is thus seeking additional reliefs as follows;
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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-appointed to other Ministerial and Deputy Ministerial offices without prior approval of Parliament.
(vi) 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 141h of February, 2024 amounts to a direct violation of Articles 78(1} and 81(a) of the 1992 Constitution.
(vii) 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.
(viii) An order directing the President of the Republic of Ghana to submit to Parliament for 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.
