The Supreme Court in a unanimous decision rejected the injunction application filed by the member of Parliament for South Dayim Constituency Rockson Nelson Dafeamkeor.
The injunction sought to restrain the legislature from vetting and approving President Nana Addo’s ministerial nominees brought before the house. The Ministerial list also includes some reshuffled Ministers, which the applicant deems “unconstitutional.” if not re-vetted.
Speaking to the media after the hearing, the Attorney-General expressed his displeasure with the conduct of the Plaitiff’s lawyer Nii Kpapo Samoa Addo, who didn’t show up for the hearing.
“It is really for me, a gross professional misconduct. Be that as it may, the court proceeded to deal with the matter and that is it. I think it was very unfortunate especially as the same counsel was in the same day filing processes in the Supreme Court of Ghana earlier in the morning It was rejected the processes from the Supreme Court of Ghana and in the afternoon he proceeded to file processes in the same Supreme Court of Ghana… .I think the processes of the highest court of the Republic ought to be respected, and the dignity and authority of the court always ought to be protected and respected by all counsels.”
AG- Godfred Dame
The court in its wisdom rejected the application. Interestingly, when the case was called, the plaintiff, honourable Rockson Nelson Dafeamkeor was also not present at the court.
Furthermore, the five-member panel chaired by the Chief Justice had to stop the hearing for a while to inquire if indeed the bailiff served the relevant parties their respective documents.
The bailiff Joshua Benning narrated how he was able to serve the Speaker of Parliament and the sort of difficulties he encountered trying to do the same with Honourable Rockson.
The bailiff recounted how the hearing notice and affidavit were rejected by the secretary at Lawyer Nii Kpapo Samoa Addo’s law firm.
Upon confirmation from the bailiff that the Speaker of Parliament was duly served, and that the Plaintiff’s document was left at the premise of his lawyer’s firm, the hearing began.
To the surprise of many, the Speaker’s representative, Thaddeus Sory opposed the Injunction citing that it did not meet the minimum criteria to be granted.
Matters at stake
The situation is a part of the ongoing Parliament-Presidency tug-of-war, and most importantly the fate of some Minister-designates and a few reshuffled ones.
When President Nana Addo announced a sudden reshuffle of his government on 14th February 2024,
Many Ghanaians felt it was long overdue and it didn’t matter that much. The President relieved 13 Ministers of their duties, 10 deputy Ministers were fired, and then 6 ministers were being reassigned.
Aside from legal and Constitutional arguments, politics is being played with all these suits and countersuits. Both the New Patriotic Party (NPP) and the National Democratic Congress (NDC) along with their members are vying to court public interest and attention.
The 2024 election would be a race like others before it. For the first time in the Fourth Republic, Ghana is heading to polls with both leading contenders hailing from the northern part of the country.
it is also the first election in which an erstwhile president is contesting as a leader of the opposition. In many respects, this election is a break from the norm.
against this backdrop is the prevailing economic hardship and the looming albatross that the LGBTQ+ issue has become. With the economy in “distress” and the international community
threatening consequences should the bill get presidential assent crucial to become law.
The Supreme Court’s verdict might have given the Presidency a much-needed relief knowing fully that the halted vetting and approval of Ministers would resume.
Does it end the growing schism between the executive and the legislature? The Presidency its part is also not “out of the woods” yet. Until the Apex Court makes a final ruling on the constitutionality of the anti-LGBTQ+ bill, pressure will continue to mount on the executive to sign the bill.
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