Supreme Court Sits On Ministerial Vetting Injunction Case Today

The Supreme Court prepares to rule on the injunction filed by south Dayi Member of Parliament, Rockosn Nelso Etse dafeamekpor.

The court will ascertain the fate of newly nominated ministers and reshuffled ministers appointed by President Akufo-Addo.

In his lawsuit against the Speaker of Parliament (1st defendant) and the Attorney General (2nd defendant), the South Dayi lawmaker wrangled that the President, Nana Akufo Addo should have sought parliamentary approval before reassigning ministers whose appointments were revoked.

On the 14th of February, the President announced a ministerial reshuffle which saw 13 ministers and 10 deputy ministers relieved of their posts, while 6 were reassigned to various portfolios.

The Supreme court is scheduled to hear the case today, Wednesday, March 27.

Below are the lists of reliefs sought by Rockson Nelson Dafeamekpor, the Member of Parliament for South Dayi:

“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 later 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."

Kobina Darlington/