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Approval of Presidential Spouse Emoluments: 2 NDC MPs, NPP stalwart go to court

Two National Democratic Congress (NDC) Members of Parliament (MPs) and New Patriotic Party stalwart, have gone to the Supreme Court (SC) to challenge the approval of the Presidential Spouse Emoluments approved by Parliament a few days ago

Mr Rockson Dafeamakpor, the MP for South Dayi, in the Volta Region, and Dr Clement Apaak, the MP for Builsa South, in the Upper East Region, want the apex court to hold that the Professor Ntiamoah-Baidu Committee, tasked to make recommendations in respect of salaries, allowances payable to Article 71 office holders, exceeded its mandate by making recommendations for emoluments to the spouses of the President and Vice president.

Mr Kwame Baffoe, Bono Regional Chairman of the NPP, alias Abronye DC, has also filed another suit asking the court to make similar declarations as those of the MPs.


The legislators urged the court to stop any attempt to effect payment of emoluments to the spouses of the President and the Vice President.

The news about the approval of emoluments for the first lady and second lady received mixed reactions from the public.

While some members of the public were against the approval by Parliament, those in favour of it argued that it would help define the work of the first and second ladies. 

Among the reliefs being sought by the MPs were 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.


The MPs want the court to say 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.

The plaintiffs asked the court for 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 first and second Ladies of the Republic of Ghana.

They prayed the SC for a declaration that the recommendations of the Committee, to the extent that it pertains to the first and  second ladies of the Republic of Ghana,  were null, void and of no effect.

The plaintiffs also prayed the court to declare 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.

They also asked the SC for an order declaring the recommendations in respect of privileges, facilities, salaries and allowances payable to the first and second Ladies of the Republic of Ghana as unconstitutional and void.

Mr Baffoe’s suit is asking the court to make similar declarations as those of the MPs.

The suit was seeking to invoke the original jurisdiction of the SC pursuant to article 2(1) 130(1) of the 1992 Constitution and Rule 45(1) and (2) of the Supreme Court Rules 1996 Constitutional Instrument (C.I.16).

BY MALIK SULLEMANA 

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