Supreme Court has dismissed Rockson Dafeamakpor’s application for interlocutory injunction against the Parliament for vetting and approving ministers as frivolous and abuse of court processes.
According to the panel of five presided over by the Chief Justice Gertrude Torkornoo, the application has no merit and described it as “frivolous and abuse of Court processes.”
Dafeamekpor per his suit was asking the Apex Court to restrain the Speaker of Parliament and the Chamber from vetting and approving some ministers of State referred to the House for consideration and appointments.
The Plaintiff is also seeking 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.
The panel after hearing arguments from lawyers of the speaker of Parliament led by Thaddeus Sory and Godfred Yeboah Dame, the Attorney General, dismissed the application.
The CJ said there were two sets of ministers that were presented in the 24 Feb communication.
The case before the panel of five bothered on the second set of reassigned ministers for Kojo Oppong Nkrumah, Francis Assenso Boakye, Henry Quartey, Mohammed Amin Adam and Ambrose Derry.
The Court said, the reassigned ministers have no bearing on the vetting and approval of the nominees before Parliament.
For this, the Apex Court said, there is no reason to stay the hands of parliament not vet and approve the ministers.
“The application is dismissed as frivolous and an abuse of court processes,” Justice Torkornoo stated.
Background
Per his writ to the apex Court, the Plaintiff is seeking 11 reliefs which comprised of seven declarations and four orders.
“An order directing the President of the Republic of Ghana to submit to Parliament for 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 si 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.”
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