The Member of Parliament for the South Dayi constituency, Rockson Dafeamakpor and his counterpart for Builsa South, Clement Apaak have jointly filed a suit at the Supreme Court to challenge the Presidential Spouse Emoluments.
The two want the court to declare that the Professor Ntiamoah-Baidu Committee tasked to make recommendations in respect of salaries, allowances payable to Article 71 office holders exceeded its mandate by making recommendations for emoluments to the spouses of the president and the vice president.
They want to stop the government from making any payment of emolument to the spouses of the first and second gentlemen of the land.
The five-member Prof. Ntiamoah Badu emolument committee was set up in June 2019 by President Nana Akufo-Addo, to make recommendations on the salaries and other gratuities of Article 71 office holders.
Some Ghanaians are incensed after it emerged that the wife of the President, Mrs. Rebecca Akufo-Addo and his Vice, Samira Bawumia are to receive salaries just like cabinet ministers.
Some directly chastised the Akufo-Addo government for the development, but Information Minister, Kojo Oppong Nkrumah, has explained that the payment of the said allowances is not a new phenomenon and that it was instituted under the Kufuor administration, but was only being formalised by the current government.
In a related development, the youth wing of the National Democratic Congress (NDC) has also kicked against the emolument.
A press statement signed by the NDC’s National Youth Organiser, George Opare Addo, said they won’t allow the recommendation to be implemented and would go to court over the issue.
“It is instructive to point out that we find the attempt to institutionalize the payment of salaries to the spouses of the President and the Vice President as an attack on the constitution of the country.”
“The provisions of article 71 of the 1992 Constitution is elaborate and unambiguous by listing the public officials bound to draw their salaries from the Consolidated Fund.”
By this action, the two MPs are invoking the original jurisdiction of the Supreme Court to interpret Article 71 of the 1992 Constitution.
The reliefs being sought by the two legislators are:
1. 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.
2. 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 1992 Constitution.
3. 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 payable to the 1st and 2nd Ladies of the Republic of Ghana.
4. 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.
5. A declaration that upon a true and proper interpretation of the Constitution, 1992, spouses of the President and the Vice President are not Article 71 office holders for the purposes of receipt of wages and emoluments.
6. 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.
7. An order restraining the President of the Republic of Ghana or any other arm, 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.
8. Any further Order (s) or direction(s) as this Honourable Court may deem necessary.
Abronye DC also challenges presidential spouses emoluments
In a related development, the Bono Regional Chairman of the governing New Patriotic Party (NPP), Kwame Baffoe, popularly known as Abronye DC, has also gone to court over the same issue.
