Supreme Court defers judgment on presidential spouses salary suit to May 3

The Supreme Court has deferred to May 3, 2023, to deliver its judgment in the suit challenging salaries to be paid to the First and Second ladies.  

The apex court was scheduled to give judgment at today's sitting, but as expectant parties and the press were awaiting the calling of the case, the Registrar announced to an open court that the bench has directed the adjournment of the matter. 

The writ, filed by MP for South Dayi, Rockson Nelson Dafeamekpor, and two others (MP for Builsa South, Clement Apaak and Frederick Nii Commey), is praying the Court to declare as unconstitutional, the recommendation by the Professor Ntiamoah Badu-led Committee that emoluments should be paid to the First and Second ladies just as Article 71 Office holders, specifically as Cabinet Ministers. 

It is the plaintiffs' case 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 purpose of receipt of wages and emoluments.”

They are therefore seeking among others a declaration that the recommendation for the payment of the salaries to the presidential spouses is null and void.

Per Article 71 of the Constitution, 1992, the President of the Republic is tasked to determine the salaries of the Executive, Legislature, and Judiciary on the recommendation of a Committee of not more than five persons who he appoints upon the advice of the Council of State.

As a result, the Prof Ntiamoah Badu-led Committee was formed by the Akufo-Addo-led Administration to that effect. Among its recommendations, a provision was made for emoluments to be paid to the spouses of the president and the vice president.

In January 2021, Parliament thus approved the Committee’s Report. However, the move to make formal, those payments, generated public uproar with many condemning it publicly and on social media.

The government through the Information Minister explained that such payments were not new but had existed under the Kuffuor administration and was just being formalized by the Akufo-Addo-led Government.

Several pressure groups and civil society also expressed their views on the matter and intentions to challenge the payments in court.

The plaintiffs per their suit are seeking inter alia the following reliefs;

1. A declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution of Ghana, the Prof. Ntiamoah-Badu 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 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-Badu Committee had o 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 the Constitution.

3. A declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution, the Prof Ntiamoah-Badu 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 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, 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 as unconstitutional and void.

7. An order restraining the President of the Republic or any other arm, ministry, department, or agency of the executive from implementing any recommendations of the Prof Ntiamoah Committee which pertains to the 1st and 2nd Ladies of the Republic.