A seven-member Supreme Court panel has set 4 May 2022 as date for judgment in the case filed by two Minority MPs and a Ghanaian citizen challenging the approval of salaries for the First and Second Ladies of Ghana.
The panel is headed by Chief Justice Anin Yeboah.
The Professor Yaa Ntiamoa-Baidu Committee submitted the report of its recommendations, dated 18 June 2020, to President Akufo-Addo as required by the 1992 constitution.
This was in fulfilment of the Article 71 provision of the 1992 constitution which enjoins every sitting president to set up a committee before the end of his or her four-year mandate to make recommendations on emoluments for Article 71 office-holders.
The five-member committee’s report recommended, among other things, the payment of a salary equivalent to a cabinet minister who is a member of Parliament to the First Lady 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 an MP if the spouse served one full term as president, or 100% of the salary of a minister of state who is an MP if the spouse served two or more full terms as president.
With second ladies, the committee report recommended the payment of a salary equivalent to a cabinet minister who is not a Member of Parliament to a second lady while her husband is in office and, once he leaves office, the payment of a salary equivalent to 80% of the salary of a minister of state who is not an MP if the spouse served one full term as vice-president, or 100% of the salary of a minister of state who is a member of Parliament if the spouse served two or more full terms as vice-president.
The reliefs sought
The two MPs, Dafeamekpor Rockson-Nelson and Dr Clement Abaasinat Apaak and the citizen, Frederick Nii Commey, are seeking a total of eight reliefs from the Supreme Court.
The reliefs are first, a declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution of Ghana, the Professor Yaa Ntiamoa-Baidu Committee appointed by the President 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.
The second is “a further declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution of Ghana, the Prof Ntiamoa-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”.
Third, “a declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution, the Prof Ntiamoa-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”.
The fourth relief is “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”.
Their fifth prayer to the Supreme Court is “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”.
As their sixth relief, the applicant is seeking “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”.
The seventh and eighth reliefs sought are “an order restraining the President of the Republic of Ghana or any other arm, ministry, department or agency of the executive, from implementing any recommendations of the Prof Ntiamoah-Baidu Committee which pertains to the 1st and 2nd Ladies of the Republic of Ghana” and “any further Order(s) or direction(s) as this Honourable Court may deem necessary”.
In court
When the case was called today 1 March 2022, at the Supreme Court, lawyer for the applicants, Nii Kpakpo Samoa Addo, and the deputy Attorney General, Diana Asonaba Dapaah, told the Court that they have set out four joint memorandum issues that the Court may give attention to.
The Supreme Court adopted the issues and set same down for determination on the 4 May 2022.
Joint issues
The joint issues are; “whether or not the Plaintiffs have a cause of action in respect of the recommendations of the Ntiamoah-Baidu Committee”.
Secondly, whether or not upon a true and proper interpretation of Article 71 of the 1992 Constitution, the Prof. Ntiamoah-Baidu committee exceeded its mandate and authority in making recommendations in respect of privileges, facilities, salaries and allowances payable to the President and Vice Presidet to include salaries to be paid to the 1st and 2nd Ladies of the Republic of Ghana”.
Thirdly, “whether or not the Parliament of Ghana breached Article 71 of the 1992 Constitution in determining the privileges, facilities, salaries and allowances payable to the President and Vice President to include salaries, to be paid to the 1st and 2nd Ladies of the Republic of Ghana”.
The last of the joint agreed issues is “whether or not upon a true and proper interpretation of Article 71 of the 1992 Constitution of Ghana, the Prof. Ntiamoah-Baidu Committee created another public office holder contrary to Article 71 of the Constitution by recommending that facilities, privileges and benefits payable to the President and Vice President of the Republic of Ghana should include salaries paid to the respective spouses of the President and Vice President”.
Wilberforce Asare
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