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• He says the decision is not enshrined in law
• He wants the committee to declare the recommendation of the emolument committee null and void
Kwame Baffoe Abronye, the Bono Regional Chairman of the New Patriotic Party has taken the government to the Supreme Court over its decision to formalize the payment of allowances to the spouses of the president and his vice.
Abronye in his suit argued that the move by government is not enshrined in law and should be outrightly dismissed by the court.
In papers filed on Thursday, July 8, 2021, Abronye said that the emolument committee which made the proposal which was ratified by parliament and adopted by the government was not clothed with the powers to make such recommendations.
He is praying the apex court to declare as illegal, the decision by the committee and prevent government from effecting payment to the intended beneficiaries.
“A declaration that the approval by Parliament to pay salaries to the First and Second Ladies is inconsistent with Article 71 clauses 1 and 2 of the 1992 constitution of the Republic of Ghana and consequently be declared null, void, and unenforceable.
“A declaration that, per article 71 (1) and (2), the position of the First and Second Ladies of Ghana do not fall under the category of public officeholders.”
The rationalization of the payment of emolument to the first and second ladies has generated backlash on various media platform.
Two members of Parliament on the ticket of the National Democratic Congress and one Fredrick Nii Commey have also filed a suit at the Supreme Court challenging the payment.
In a suit filed on Thursday, July 8, 2021, the MPs for South Dayi and Builsa South, Rockson Dafeamakpor and Clement Apaak respectively said that the committee went beyond its boundaries in roping in the payment of benefits of the first and second ladies in its work.
The two MPs are seeking 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-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.
3. 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.
