KWAME BAFFOE VRS ATTORNEY-GENERAL (J1/12/2021) [2024] GHASC 28 (24 April 2024)

KWAME BAFFOE VRS ATTORNEY-GENERAL (J1/12/2021) [2024] GHASC 28 (24 April 2024)

Parliament's approval of salaries for the First and Second Ladies is inconsistent with Article 71 of the 1992 Constitution, as their positions are not listed among public office holders entitled to emoluments under that article. The Emoluments Committee's recommendations are not binding and cannot expand the scope of Article 71. The approval is therefore null, void, and unenforceable.

Citation
KWAME BAFFOE VRS ATTORNEY-GENERAL (J1/12/2021) [2024] GHASC 28 (24 April 2024)
Parties
Plaintiff: Kwame Baffoe @ Abronye; Defendant: Attorney-General
Court
ghasc
Jurisdiction
Ghana
Judgment Date
24 April 2024
Procedural Posture
Writ / Judgment
Outcome
Plaintiff's main claims granted in part; declaration made that Parliament's approval of salaries for First and Second Ladies is unconstitutional. Claim regarding Articles 108 and 178 dismissed for lack of evidence.
Legal Topics
Emoluments of Public Officers, Interpretation of Constitution, Parliamentary Powers, Public Funds, Separation of Powers
Source Language
eng
Constitutional Law Public Administration Emoluments of Public Officers Interpretation of Constitution Parliamentary Powers Public Funds Separation of Powers

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Parties

Kwame Baffoe @ Abronye

Plaintiff

Attorney-General

Defendant

Procedural Posture

Writ / Judgment

Legal Issues

  1. 1 Whether Parliament's approval of salaries for First and Second Ladies is inconsistent with Article 71 of the 1992 Constitution
  2. 2 Whether the Emoluments Committee exceeded its mandate by recommending salaries for persons not listed in Article 71
  3. 3 Whether Parliament can approve such payments without a bill introduced by the Government under Articles 108 and 178

Ratio Decidendi

Parliament's approval of salaries for the First and Second Ladies is inconsistent with Article 71 of the 1992 Constitution, as their positions are not listed among public office holders entitled to emoluments under that article. The Emoluments Committee's recommendations are not binding and cannot expand the scope of Article 71. The approval is therefore null, void, and unenforceable.

Court Disposition

Plaintiff's main claims granted in part; declaration made that Parliament's approval of salaries for First and Second Ladies is unconstitutional. Claim regarding Articles 108 and 178 dismissed for lack of evidence.

Orders

  • Declaration that approval by Parliament to pay salaries to the First and Second Ladies is inconsistent with Article 71 (1) and (2) and is null, void, and unenforceable.
  • Declaration that the positions of the First and Second Ladies do not fall under the category of Public Office holders enumerated in Article 71 (1) and (2).