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The Supreme Court Presided by the respected Chief Justice Her Ladyship Gertrude Sackey Torkornoo has held under its Original Jurisdiction that the allowances, facilities, privileges, retiring benefits or awards as recommended by the emoluments committee under Article 71 of the 1992 Constitution made to the wives of the President and Vice are unconstitutional.
Per the Supreme Court, the First and Second ladies are not part of Public Officers as canvassed by lawyers for the Plaintiff, Mr. Kwame Baffoe Abronye. Per the Supreme Court, the recommendations for emoluments for Public Office Holders under Article 71 are applicable to only office holders.
Per the view of the Supreme Court, since the First and Second ladies are not part of Public Office holders, the approval of recommendations for emoluments by the emoluments committee under Article 71(2) for the 1st and 2nd ladies and approval by Parliament of same are unconstitutional.
The apex court granted relief 1-3 of the Plaintiff and dismiss the 4th relief. The reliefs per the Statement of Case submitted to the Supreme Court are as follows:
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.
b. Declaration 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 Office holders.
c. Declaration that, per Article 71 of the 1992 Constitution of the Republic of Ghana; the Emolument Committee is limited to recommending the salaries and other benefits and privileges of only public office holders.
d. 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 dully passed into law.
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The Supreme Court dismissed all the reliefs except the last relief, "relief (e)" sought by Hon. Rockson-Nelson Dafeamekpor whose action was found on breaches to the same constitutional provisions identified by Mr. Kwame Baffoe alias
18 minutes ago
about 9 hours ago
9th Jun, 2026
9th Jun, 2026
15th May, 2026
The relief sought by Hon. Dafeamekpor upheld by the Court reads:
e. A declaration that upon a true and proper interpretation of the Constitution, 1992, spouses of the President and Vice President are not Article 71 Office holders for the purposes of receipt of wages and emoluments.
The reliefs rejected by the court as sought by Mr. Dafeamekpor are as follows:
a. 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.
b. 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 the 1992 Constitution.
c. 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 to the 1st and 2nd Ladies of the Republic of Ghana.
d. 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.
f. 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.
g. An order restraining the President of the Republic of Ghana or any other arm or organ of government, 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.
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