Prof. Ransford Gyampo of the University of Ghana has slammed the Prof. Ntiamoa-Baidu Presidential Committee on Emoluments for Article 71 Office Holders, for adding as part of its recommendations, payment of salaries for the spouses of the President and Vice President.
She says such recommendations depict a “subservient hero-worshiping of our leaders such that when we are given the mandate to make certain recommendations to help the governance, we make recommendations that rather expand the frontiers of powers of these leaders to our own detriment.”
He has been explaining on the KeyPoints on TV3 Saturday, April 27, 2024, that “the idea of extending the courtesy of J.A. Kufuor (former President) to the wives of former Heads of States who have passed to include the wives of serving Presidents was so bad.”
Prof. Gyampo had noted that the former President’s decision to extend a hand to the spouses of late Heads of States who encountered challenges, with some dying under certain bizarre conditions, was purely humanitarian, and shouldn’t have been extended to spouses of serving leaders.
The Professor of Political Science argued that there are many people who serve the country in various aspects whose spouses are not on the State’s payroll and does not see why that of the President and the Vice should be different.
“I think that to the extent that as a university Professor who will not recommend given the nature of the work that she is doing, the state must pay the husband. I don’t see why you should make that recommendation for the President,” he said.
He maintained that rather than serving the people, leadership in Ghana “serve themselves, they are self-seeking, self-perpetuating and self-aggrandising cabals and yet when we get an opportunity to make recommendations to help governance process, instead of curtailing their powers, we want to make recommendations as if all of us we are beggars and we are hero-worshiping them.”
He was speaking on the Supreme Court’s rule that payment of salaries to the First and Second Ladies is unconstitutional.
The decision of the apex court followed a suit by Bono Regional Chairman of the New Patriotic Party (NPP), Kwame Baffoe Adjei, popularly known as ‘Abronye’, seeking to reverse the payment of salaries approved for First and Second Ladies.
A five-member committee led by Prof. Ntiamoa-Baidu was set up in June 2019 by President Akufo-Addo to make recommendations to him and Parliament on the salaries and allowances payable, and the facilities and privileges available to Article 71 officeholders.
But following the recommendations, Abronye went to the Supreme Court with the following reliefs:
a. 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.
b. 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.
c. Declaration that, per Article 71 of the 1992 Constitution of the Republic of Ghana; the Emolument Committee is limited to recommending the salaries and other benefits and privileges of only public office holders.
d. Declaration that, per Articles 108 and 178 of the 1992 Constitution of the Republic of Ghana; 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 dully passed into law.
My Lords, this statement of case, is filed by the Plaintiff in accordance with Rule 46 of the Supreme Court Rules, 1996 (C.l. 16).
Chief Justice Gertrude Torkornoo who presided over the 7-member panel of Judges however dismissed all but one of the reliefs being sought by South Dayi Member of Parliament, Rockson-Nelson Dafeamekpor whose suit was similar to that of ‘Abronye’.
The court held that Rockson-Nelson Dafeamekpor focused on the recommendations of the committee whereas Abronye focused on the actions of Parliament.
The court also dismissed the fourth relief sought by the NPP Bono Regional Chairman, Kwame Baffoe.
Here are the reliefs sought by Rockson-Nelson Dafeamekpor which were dismissed by the Supreme Court:
1. A declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution of Ghana, the Prof. Ntiamoah-Badu Committee appointed by the president of the Republic of Ghana under Article 71(1), only had jurisdiction to make recommendations in respect of salaries, allowances payable, facilities and privileges of Article 71 office holders under the Constitution.
2. A further declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution of Ghana, the Prof Ntiamoah-Badu Committee had no jurisdiction, mandate or authority to make any recommendations in respect of salaries, allowances payable, facilities and privileges of persons other than persons specified under Article 71 of the Constitution.
3. A declaration that upon a true and proper interpretation of Article 71(1) of the 1992 Constitution, the Prof Ntiamoah-Badu Committee exceeded its jurisdiction, mandate and authority when it purported to make recommendations in respect of privileges, facilities, salaries and allowances payable to the 1st and 2nd ladies of Ghana.
4. A further declaration that the recommendations of the Committee, to the extent that it pertains to the 1st and 2nd ladies of the Republic, are null, void and of no effect.
6. An order declaring the recommendations in respect of privileges, facilities, salaries and allowances payable to the 1st and 2nd ladies of the Republic as unconstitutional and void.
7. An order restraining the President of the Republic or any other arm, ministry, department, or agency of the executive from implementing any recommendations of the Prof Ntiamoah Committee which pertains to the 1st and 2nd Ladies of the Republic.
Other justices on the panel were Justice Gabriel Pwamang, Justice Avril Lovelace-Johnson, Justice Henrietta Mensa-Bonsu, Justice Barbara Ackah-Yensu, Justice Samuel Asiedu and Ernest Gaewu.
Supreme Court throws out Dafeamekpor’s case against approval of ministerial nominees
