Spousal Salaries of President and Vice President’s Wives Unconstitutional

The Supreme Court has declared as unconstitutional parliament’s approval of payment of salaries to spouses of the President and Vice President from the consolidated fund. In a ruling on Wednesday morning, a seven-member panel presided over by the Chief Justice, Justice Gertrude Torkornoo, ruled that spouses of both the president and vice president do not fall within the class of Public Office holders, and therefore such payments are null and void.

The Court also held that the Emolument Committee of Parliament is limited to recommending the salaries and other benefits and privileges of only public office holders. The Supreme Court’s decision, follows the Bono Regional Chairman of the NPP Kwame Baffoe also known as Abronye DC’s suit to reverse the payment of salaries approved for First and Second Ladies.

Mr. Baffoe’s application, was prompted by Parliament’s approval of the recommendations of the Prof Yaa Ntiamoah-Baidu led Committee on emoluments for Article 71 office holders for which first and Second Ladies will receive same monthly salaries as Cabinet Ministers. His reliefs included the declaration 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.

A Declaration 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. Another declaration that, per Article 71 of the Constitution, the Emoluments Committee is limited to recommending the salaries and other benefits and privileges of only public office holders.

And a Declaration that, per Articles 108 and 178 of the Constitution, 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 duly passed into law. The Apex Court, dismissed the last relief. Esinam Kporku, lawyer for Mr. Baffoe, said the decision by the Supreme Court directly affirms the rule of law in the country.

The plaintiff, Abronye said any amendment to the Constitution should go through a referendum. He said Parliament exceeded its powers by approving the payment of salaries to spouses of the President and Vice President.

In a significant move, the Supreme Court also declared on a suit filed by MP for South Dayi Rockson Nelson Dafeamakpor, Builsa South MP Dr Clement Apaak and one Frederick Nii Commey. The court, granted one relief out of the seven pleaded by the plaintiffs. The reliefs sought by the MPs, included a declaration that spouses of the President and the Vice-President are not Article 71 office holders for the purposes of receipt of wages and emoluments.

The court declined the other reliefs because they were directed at the Prof Yaa Ntiamoah-Baidu led Committee. The court held that the action against the Committee was misconceived because its recommendations have no force.