The Supreme Court of Ghana declared as unconstitutional the parliament’s approval of payment of salaries and allowances to spouses of the President and the Vice-President from the consolidated fund.
The decision, delivered by a seven-member panel chaired by Chief Justice Gertrude Torkornoo, marks a significant victory for advocates of transparency and accountability in public expenditure.
The court held that the positions of the First and Second ladies of Ghana do not qualify as public office holders, thus excluding them from entitlement to salaries and allowances from public funds.
The ruling underscores the principle that the Emolument Committee of Parliament is tasked with recommending salaries and benefits only for public office holders, and not for individuals holding unofficial positions.
The case, filed by Mr. Kwame Baffoe, also known as Abronye DC, the Bono Regional Chairman of the ruling New Patriotic Party (NPP), challenged the legality of parliament’s decision to approve payments to the spouses of the President and Vice-President without due legislative process.
While Mr. Abronye’s fourth relief was not granted in its entirety, the court’s decision sets a precedent for ensuring that public funds are used judiciously and in accordance with the law.
Similarly, a separate action filed by National Democratic Congress (NDC) Member of Parliament for South Dayi Constituency, Rockson-Nelson Dafeamekpor, raised similar concerns about the recommendations of the Professor Yaa Ntiamoa-Baidu Committee.
While some of Mr. Dafeamekpor’s reliefs were dismissed, the court upheld one of his claims, further affirming the need for adherence to legal procedures in matters of public expenditure.
The ruling by the Supreme Court reflects a commitment to upholding the principles of good governance, transparency, and the rule of law. By affirming the constitutional limits on parliamentary authority regarding the disbursement of public funds, the court’s decision reinforces accountability and safeguards against potential abuse of power.
The panel of justices, comprising Justices Gabriel Pwamang, Avril Lovelace-Johnson, Henrietta Mensa-Bonsu, Barbara Ackah-Yensu, Samuel Kwame Adibu Asiedu, and Ernest Yao Gaewu, demonstrated a firm dedication to the constitution and the protection of Ghana’s democratic institutions.
As Ghana continues its journey towards sustainable development and good governance, the Supreme Court’s ruling serves as a beacon of hope for transparency and accountability in public administration.
