The Attorney-General and Minister of Justice of the Republic of Ghana, Godfred Yeboah Dame has urged the Speaker of Parliament to proceed with the processes for the approval of President Akufo-Addo’s nominees for some ministerial positions despite the Member of Parliament for South Dayi’s suit against the later.
Mr Dame, in a statement, strongly stated that based on his understanding of the works of the Supreme Court, the suit by the Honorable Dafeamekpor does not inhibit Parliament from proceeding with the approval processes for the ministerial and deputy ministerial nominees duly presented to Parliament by the President in accordance with articles 78 (1) and 79(1) of the Constitution.
“In furtherance of my role under Article 88 of the Constitution and bearing constitutional responsibility for the conduct and defense of all civil proceedings against the State including Parliament, I am constrained to draw your attention to some observations made from a study of the suit in question and the results of a formal search conducted at the Registry of the Supreme Court today, 21st March, 2024”.
Godfred Yeboah Dame
He began by stating that the action filed by Mr. Dafeamekpor, the Member of Parliament for South Dayi, consists of a bare writ of summons and that there was no statement of the case in support of the writ he filed as mandated by the Supreme Court Rules, 1996(C. I. 16).
Mr Dame thus argued that given the above, it is correct to conclude that the suit is not properly constituted.
He further stated that in accordance with Rule 46(3) of Supreme Court Rule 1996 (C. I. 16) such an action will be struck out when a statement of case in support of the plaintiff’s writ is not filed within fourteen days.
Furthermore, the Attorney-General and Minister of Justice argued that the plaintiff has not applied for an interlocutory injunction seeking to restrain the Speaker from proceeding with the vetting and approval of the names of the persons submitted by President Akufo-Addo.
According to him, under such circumstances in law, it is considered that there is nothing before the Supreme Court that may constitute a restraint on Parliament from exercising its powers per Articles 78 (1) and 79(1) of the Constitution.
The Implications Of Order Of Interlocutory Injunction
Moreover, Godfred Yeboah Dame, Ghana’s Attorney General asserted that whilst, indeed, a relief stated on the writ filed on 18th March 2024 by the South Dayi Member of Parliament purports to be an order of interlocutory injunction restraining the Speaker of Parliament from discharging his mandate in accordance with the provisions of the constitution, same is not an application relief in any of the Supreme Courts rules.
He strongly asserted that per the rules of the Supreme Court, the relief sought by the South Dayi Legislator should have been made by a motion specifically filed and praying for the desired relief.
The mere statement on the writ of summons of prayer for interlocutory relief according to Mr Dame is inconsequential and of no effect.
He particularly posited that the mere statement on the writ of summons does not constitute a pending motion for such a relief, and under such circumstance, no one is required to take notice of the same.
In addition, Mr Dame argued that the substance of Mr. Dafeamekpor’s suit is a challenge to the power of the President to relieve Ministers serving in his government of their portfolios and reassign them to different Ministries.
He noted that the suit in question has no bearing on the approval of persons newly nominated by the President as ministers and deputy ministers and duly presented to Parliament for approval in accordance with articles 78 (1) and 79(1) of the Constitution
In light of the foregoing, the Attorney-General and Minister of Justice concluded his statement by urging Parliament, to proceed with the approval processes for the ministerial and deputy ministerial nominees of President Akufo-Addo.
He emphasized that there is no risk of prejudice to the authority of the Supreme Court in determining the substance and essence of the suit filed by Mr. Rockson-Nelson Etsa Dafeamekpor should Parliament continue the approval processes for the ministerial nominees.
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