Supreme Court adjourns suit challenging salaries for presidential spouses to June 22 for judgment

The Supreme Court has adjourned a suit challenging salaries to be paid to the first and second ladies to June 22, 2022, for judgment. 

The Court was supposed to give its judgment on the matter today May 4, 2022, but at 9:30am Justice Baffoe Bonnie announced that the said judgment was not ready and thus adjourned to June 22, 2022.  

In July 2021, private legal practitioner, Nii Kpakpo Samoa Addo, on behalf of his clients Rockson Nelson Dafeamekpor (MP for South Dayi), Dr Clement Apaak (Builsa South MP) and Frederick Nii Commey filed an application at the Court to challenge the payment of salaries to the spouses of the President and Vice President.

The suit in question, DEFEAMEKPOR ROCKSON-NELSON & 2 ORS. VRS ATTORNEY-GENERAL stemmed from recommendations made by the Prof Yaa Ntiamoah-Baidu-led Committee that the First Lady and the wife of the Vice President should be paid salary.

The Committee had recommended that the First Lady be paid a salary equivalent to a Cabinet Minister who is a Member of Parliament (MP) while her husband is in office and the payment of a salary equivalent to 80% of the salary of a Minister of State who is a Member of Parliament (MP) if the spouse served one full term as President or 100% of the salary of a Minister of State who is a Member of Parliament (MP) if the spouse served two or more full terms as President.

The reliefs sought from the Supreme Court by Rockson Dafeamakpor, Clement Apaak, and Fredrick Nii Commey are as follows:

1. A declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution of Ghana, the Prof. Ntiamoah-Baidu Committee appointed by the President of the Republic of Ghana under Article 71(1), only had jurisdiction to make recommendations in respect of salaries, allowances payable, facilities and privileges of Article 71 office holders under the 1992 Constitution.

2. A further declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution of Ghana, the Prof. Ntiamoah-Baidu Committee had no jurisdiction, mandate or authority to make any recommendations in respect of salaries, allowances payable, facilities and privileges of persons other than persons specified under Article 71 of 1992 Constitution.

. A declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution, the Prof. Ntiamoah-Baidu Committee exceeded its jurisdiction, mandate and authority when it purported to make recommendations in respect of privileges, facilities, salaries and allowances payable to the 1st and 2nd Ladies of the Republic of Ghana.

4. A further declaration that the recommendations of the Committee, to the extent that it pertains to the 1st and 2nd Ladies of the Republic of Ghana, are null, void and of no effect.

5. A declaration that upon a true and proper interpretation of the Constitution, 1992, spouses of the President and the Vice President are not Article 71 office holders for the purposes of receipt of wages and emoluments.

6. An order declaring the recommendations in respect of privileges, facilities, salaries, and allowances payable to the 1st and 2nd Ladies of the Republic of Ghana as unconstitutional and void.