On February 28 next year, the Supreme Court, led by Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, will deliver judgment in two distinct lawsuits challenging the approved salaries for First and Second Ladies.

The legal actions contest the Parliament-approved recommendations of the Prof Yaa Ntiamoah-Baidu-led Committee on emoluments for Article 71 office holders, enabling the spouses of President Akufo Addo and Vice President Dr. Mahamudu Bawumia to receive monthly salaries equivalent to Cabinet Ministers.

Rockson Dafeamekpor, Member of Parliament for South Dayi, Clement Apaak (MP for Builsa South Constituency), and Nii Tackie Commey jointly filed a lawsuit against the Attorney General to reverse the payment of emoluments for First and Second Ladies.

Additionally, Kwame Baffoe, Bono Regional Chairman of the New Patriotic Party (NPP), filed a similar action against the Attorney General.

During separate hearings on Wednesday, December 13, the panel, chaired by Chief Justice Torkornoo, fixed February 28 for the delivery of judgment after parties presented their cases, and the Attorney General, represented by Deputy Attorney General Diana Asonaba Dapaah, responded.

Arguments presented:

Dafeamekpor’s action: Counsel for the Plaintiffs, George Kodzo Adabadze, emphasized reliance on all filed documents, particularly their statements of case. The contention centered on challenging the extension of allowances of salaries to the wives of the President and Vice President, with an assertion that the Prof Yaa Ntiamoah-Baidu-led Committee exceeded its jurisdiction.

Abronye DC’s action: Lawyer Esinam Kporku, representing lead counsel for Kwame Baffoe, stated reliance on all processes filed, particularly the Plaintiff’s Statement of Case. Kporku, an adept young lawyer, addressed the panel on why her client seeks the intervention of the apex court to reverse the action.

Deputy Attorney General's responses:

Dafeamekpor’s case: Deputy Attorney General Diana Asonaba Dapaah opposed the case, arguing that no cause of action had been raised. She deemed the action premature and lacking a foundation on recommendations.

Abronye DC’s case: The Deputy AG contended that the AG's position was that Parliament’s adoption of the Prof Yaa Ntiamoah-Baidu-led Committee recommendation is not unlawful, and it does not create any Article 71 Office Holder.

The panel, comprising: Justice Gabriel Pwamang, Justice Lovelace Johnson, Justice Prof. Henrietta Mensa-Bonsu, Justice Barbara Ackah Yensu, Justice Ernest Gawu, and Justice Samuel Asiedu, decided to deliver judgment on the two separate suits on February 28.

EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reported that the rehearing of the two cases occurred after some members of the previous panel had retired. The two young lawyers representing the Plaintiffs, George Kodzo Adabadze and Essinam Kporku, received commendations from the Chief Justice’s panel for their excellent deliveries.

In Dafeamakpor’s case, the MPs contend that the decision to pay the presidential spouses is inconsistent with the 1992 Constitution of Ghana. They argue that per Article 71 (1) and (2), the positions of the first and second ladies of Ghana do not fall under the category of public officeholders. The suit calls on the Supreme Court to declare the approval of the recommendation by Parliament as “null, void, and unenforceable.” Parliament approved the recommendations, allowing the spouses of the President and Vice President to receive the same monthly salaries as Cabinet Ministers.