Spousal salary case: 1st & 2nd Ladies not entitled to benefits of Article 71 Office holders
The Supreme Court has declared as unconstitutional parliament approval of salaries to be paid to the First and Second Ladies.
The panel of seven presided over by the Chief Justice (CJ) Gertrude Sackey Torkornoo, said the action challenging Parliament approved recommendations of the Prof Yaa Ntiamoah-Baidu-led Committee on emoluments for Article 71 office holders is inconsistent with provisions in the Constitution.
The apex Court also granted the request 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.”
The judgement of the apex court followed an action filed by Kwame Baffoe, the current Bono Regional Chairman of the New Patriotic Party on July 8, 2021.
The apex Court Declared 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.
The panel also declared 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.”
Justice Torkornoo’s panel also declared 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.”
EIB Network’s Legal Affairs Correspondent, Murtala Inusah who was at the Supreme Court reports that, the apex Court declined the last of his four reliefs as follows;
“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,” was dismissed.
More to come…