The Supreme Court has recommended to stakeholders in the country to approach the discussions on Article 71 officers holder “with a sober contemplation of its purposes, intents, and opportunities for a national growth.”
The apex Court panel of seven chaired by Chief Justice Gertrude Sackey Torkornoo on April 24, 2024, said parliament approval of Prof. Yaa Ntiamoah Committee’s recommendation on the First and Second Ladies is unconstitutional.
The full judgment of the apex Court released on a case filed by Kwame Baffoe also known as Abronye DC — the New Patriotic Party’s Bono Regional Chairman came with some recommendations from the panel.
“We must close this judgment with a sober observation and recommendation. The observation is the practice of benchmarking emoluments, including retirement benefits of other public officers with Article 71 public office holders.
“In our nascent democracy, it is important to keep a clear long-term view of the sustainability of any practice and the continuing development of the strength of the Republic when contemplating such practices so that there is not a weakening of the very structures set up to uphold the growth of democracy.
“We would therefore humbly recommend to all stakeholders to take the ongoing debates around article 71 with a sober contemplation of its purposes, intents, and opportunities for national growth,” the Supreme Court recommended.
EIB Network’s Legal Affairs Correspondent Murtala Inusah reports that the 36-page judgment and its recommendations were released on Monday, April 29, 2024.
The decision of the panel of seven which also includes Justice Paul Baffoe Bonnie, Justice Gabriel Pwamang, Justice Avril Lovelace-Johnson, Justice Prof. Henrietta Mensa-Bonsu, Justice Barbara Ackah-Yensu, Justice Samuel Asiedu, and Justice Ernest Gaewu was also that the First and Second Ladies are not Public Office Holders.
“We conclude by declaring as claimed by the plaintiff that the approval by Parliament to pay salaries to the First and Second ladies is inconsistent with article 71 (1) and (2) of the 1992 Constitution of the Republic of Ghana and consequently are declared null, void and unenforceable.
“Second, we declare that the positions of the first and second ladies of Ghana do not fall under the category of Public Office holders enumerated in Article 71 (1) and (2);
However, “the claim seeking a declaration that per Articles 108 and 178 of the 1992 Constitution of the Republic of Ghana; parliament cannot, on its own accord, initiate or approve payment of any such emoluments; which would necessarily be paid from public funds; without a bill to that effect emanating from and introduced by the Government and duly passed into law is dismissed as unsubstantiated from the facts of the case before us,” the Supreme Court concluded.
Find attached the full judgment of the Supreme Court on Spousal salary case
Source: Ghana/Starrfm.com.gh/Murtala Inusah
