Rockson Nelson Dafeamekpor, the member of parliament for South Dayi, filed an injunction, and while the Supreme Court is ready to pronounce on it, the future of the ministers that President Akufo-Addo nominated and reorganized is in jeopardy.
The NDC member of parliament claims in his case against the Speaker of Parliament (the first defendant) and the Attorney General (the second defendant) that the President ought to have consulted the legislature before reassigning ministers whose appointments were revoked.
On February 14, 2024, President Akufo-Addo ordered a reshuffle in which six ministers and ten deputy ministers were moved to different portfolios while 13 ministers and ten deputy ministers were removed from their positions.
The matter is set for hearing before the Apex court today, Wednesday, March 27.
The reliefs requested by the South Dayi Member of Parliament are listed below.
“A declaration that a Minister of State shall be appointed by the President with the prior approval of Parliament under Article 78(1) of the 1992 Constitution,” and “a declaration that the office of a Minister of State or Deputy Minister shall become vacant under Article 81(a) of the 1992 Constitution if the President revokes, terminates, or relieves him of that portfolio.”
“A Minister of State or Deputy Minister of State whose appointment has been revoked, terminated, or relieved of portfolio by the President may not be reassigned to another Ministerial or Deputy Ministerial office without first receiving approval from Parliament, according to a true and proper interpretation of Articles 78(1) and 81 (a) of the 1992 Constitution.
“a declaration that, by a true and correct interpretation of Articles 78(1) and 81 (a) of the 1992 Constitution, a Minister of State or Deputy Minister of State who has had the President revoke, terminate, or relieve them of their portfolio may not be reappointed as a Minister or Deputy-Minister of State without first receiving prior approval from the Parliament.
“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 subsequently 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.”
