The Supreme Court is poised to make a crucial decision regarding the fate of newly nominated ministers and other ministers reshuffled by President Akufo-Addo on February 14, 2024.
This follows an injunction filed by Member of Parliament for South Dayi, Rockson Nelson Dafeamekpor, against the Speaker of Parliament and the Attorney General. Dafeamekpor argues that the President should have sought Parliament's approval before reassigning ministers whose appointments were revoked.
In his suit, Dafeamekpor seeks several declarations related to the appointment and reassignment of ministers of state and deputy ministers.
The lawmaker argues that under the constitution, a minister whose appointment is revoked cannot be reassigned without prior approval of Parliament. He also seeks to halt the vetting and approval processes for the new ministerial nominees until his legal challenge is resolved.
The case stems from President Akufo-Addo's announcement of a reshuffle that saw 13 ministers and 10 deputy ministers relieved of their posts, with 6 of them reassigned to new portfolios.
The Speaker of Parliament, Alban Bagbin, cited Dafeamekpor's suit as the reason for halting the approval processes for the new ministerial nominees.
The Supreme Court is set to hear the matter on Wednesday, March 27, and it has been clarified that the case will not proceed beyond May 31. This development underscores the importance of adhering to constitutional provisions regarding ministerial appointments and reassignments.
The following are the requests being made by the South Dayi Member of Parliament for relief:
“a declaration that under Article 78(1) of the 1992 Constitution, a Minister of State shall be appointed by the President with the prior approval of Parliament” and second, “a declaration that under Article 81(a) of the 1992 Constitution, the office of a Minister of State or a Deputy Minister shall become vacant if his appointment is revoked, terminated or relieved of that portfolio by the President.
“a declaration that upon a true and proper interpretation of Articles 78(1) and 81 (a) of the 1992 Constitution, a Minister of State or Deputy Minister of State who has had his appointment revoked, terminated or relieved of portfolio by the President, cannot be re-assigned to another Ministerial or Deputy Ministerial office without prior approval of Parliament”.
“a declaration that upon a true and proper interpretation of Articles 78(1) and 81 (a) of the 1992 Constitution, once a Minister of State or Deputy Minister of State has had his appointment revoked, terminated or relieved of that portfolio by the President, that Minister of State or Deputy Minister of State must be subject to the requirement of prior Parliamentary approval before that Minister of State or Deputy Minister of State is re-appointed as a Minister or Deputy-Minister of State.
“a declaration that upon a true and proper interpretation of Articles 78(1) and 81(a) of the 1992 Constitution, the Ministers of State and the Deputy Minister of State whose appointments were revoked on the 14th of February, 2024 cannot be re-assigned or re-appointed to other Ministerial and Deputy Ministerial offices without prior approval of Parliament”.
“a declaration that failure and/or refusal of the President of the Republic of Ghana to seek the prior approval of Parliament before purporting to re-assign the Ministers of State and the Deputy Minister of State whose appointments were revoked or terminated or relieved of their portfolios on the 14th of February, 2024 amounts to a direct violation of Articles 78(1) and 81(a) of the 1992 Constitution.
“a declaration that any Ministerial appointment which has not been subject to prior Parliamentary approval is in direct violation of Article 78(1) of the 1992 Constitution.
“an order directing the President of the Republic of Ghana to submit to Parliament for prior approval, the names of the Ministers of State and the Deputy Minister of State whose appointments were revoked or terminated on the 14th of February, 2024 and who were subsequently supposedly re-assigned to other Ministerial and Deputy Ministerial offices for purposes of appointment as Ministers of State and Deputy Minister of State”.
“an order of interlocutory injunction restraining the Speaker of Parliament, the 1st Defendant herein, from proceeding with the vetting and approval of the names of the nominees of the President submitted to Parliament until the requirement that a Minister of State shall be appointed by the President with the prior approval of Parliament is satisfied in respect to the Ministers of State and the Deputy Minister of State whose appointments were revoked on the 14th of February, 2024 have been re-assigned new Ministerial and Deputy Ministerial offices”.
“an order of perpetual injunction restraining the Speaker of Parliament 1st Defendant herein, from proceeding with the vetting and approval of the names of the nominees of the Presidential submitted to Parliament until the requirement that a Minister of State shall be appointed by the President with the prior approval of Parliament is satisfied in respect to the Ministers of State and the Deputy Minister of State whose appointments were revoked on the 14th of February, 2024 and have been re-assigned new Ministerial and Deputy Ministerial offices”.
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This follows an injunction filed by Member of Parliament for South Dayi, Rockson Nelson Dafeamekpor