The Attorney-General and Minister for Justice, Mr. Godfred Yeboah Dame, has asserted that Parliament has not been inhibited from proceeding to approve ministerial and deputy ministerial nominees.
Speaker Alban Bagbin blocked the approval of the ministerial nominees on Wednesday and adjourned Parliament sine die in an apparent response to the refusal of President Nana Akufo-Addo to receive the controversial Human Sexual Rights and Family Values also referred as anti-gay bill for his assent after citing two interlocutory injunctions on the legislation at the Supreme Court.
The Speaker claimed his decision was prompted by an interlocutory injunction filed at the Supreme Court by the Member of Parliament (MP) for South Dayi, Rockson-Nelson Etse K. Dafeamekpor.
According to Mr. Bagbin, this injunction rendered Parliament unable to sanction new ministers nominated by President Akufo-Addo.
However, in an official letter to the Speaker, Attorney-General Godfred Dame stressed that there was no risk of prejudice to the authority of the Supreme Court if Parliament continued with the approval processes for the nominees.
He argued that the substance of Mr. Dafeamekpor’s suit did not affect the approval of newly nominated ministers and deputy ministers.
Dafeamekpor’s suit, Mr. Dame clarified, was a challenge to the President’s power to relieve ministers and reassign them to different ministries, which did not impact the approval process for new nominees as prescribed by the constitution.
“The substance of Mr Dafeamekpor’s suit is a challenge on the power of the President to relieve Ministers serving in his government of their portfolios and reassign them to different Ministries.
“It has no bearing on the approval of persons newly nominated by the President as Ministers and Deputy Ministers and duly presented to Parliament for approval in accordance with articles 78(1) and 79 (1) of the constitution.
“In light of the foregoing, Parliament, in my respectful view, has no inhibition in proceeding with the approval processes for the ministerial and deputy ministerial nominees.
“There is no risk of a prejudice to the authority of the Supreme Court in determining the substance and essence of the suit filed by Mr. Rockson-Nelson Etse Dafeamekpor should Parliament continue the approval processes for the nominees,” the letter reiterated.
Not properly constituted
Mr. Godfred Dame further pointed out that the action filed by Mr. Dafeamekpor, (suit No. J1/12/24 [Rockson-Nelson Dafeamekpor vs. Speaker of Parliament and Attorney-General) was not properly constituted as it lacked a statement of case in support of the writ, a requirement under the Supreme Court Rules, 1996 (C. I. 16).
The suit, he said, could potentially be struck out if the necessary documentation is not filed within the stipulated 14-day period.
Below is the full letter to Speaker Bagbin:
RE: DECISION TO HALT THE APPROVAL OF MINISTERIAL NOMINESS PRESENTED TO PARLIAMENT IN LIGHT OF SUIT NO. J1/12/24 [ROCKSON-NELSON DAFEAMEKPOR VRS. 1. SPEAKER OF PARLIAMENT 2. ATTORNEY-GENERAL)
Respectfully, I am aware of a statement made by your esteemed self in Parliament on 20th March, 2024, in which you communicated the inability of the House to “continue to consider the nominations of His Excellency the President in view of the pendency of what you stated as “an injunction motion on notice seeking to restrain the Speaker from proceeding with the vetting and approval…” filed in the suit referred to above.
in furtherance of my role under article 88 of the Constitution and bearing constitutional responsibility for the conduct and defence of all civil proceedings against the State (including Parliament), I am constrained to draw your attention to some observations made from a study of the suit in question and the results of a formal search conducted at the Registry of the Supreme Court today, 21 March, 2024.
1. The action filed by Mr. Dafeamekpor, Member of Parliament for South Dayi, consists of a bare writ of summons. No statement of case in support of the writ has been filed as mandated by the Supreme Court Rules, 1996 (C. I. 16). It is thus correct to say, respectfully, that the suit is not properly constituted. In accordance with Rule 46(3) of C. 1. 16, such an action will be struck out where a statement of case in support of the plaintiff’s writ is not filed within fourteen (14) days.
2. The plaintiff has not filed an application for interlocutory injunction *seeking to restrain the Speaker from proceeding with the vetting and approval of the names of the persons submitted by His Excellency the President…”, or indeed, any other interlocutory relief. Thus, there is nothing before the Supreme Court which may constitute a restraint or fetter on Parliament from proceeding with the approval of ministerial and deputy ministerial nominees presented to Parliament by the President in accordance with articles 78(1) and 79(1) of the Constitution.
Please find attached the results of a search conducted at the Registry of the Supreme Court.
3. Whilst it is true that a relief stated on the writ filed on 18th March, 2024 referred to above, purports to be an “an order of interlocutory injunction restraining the Speaker of Parliament from proceeding with the vetting and approval of the names of the persons submitted by His Excellency the President to Parliament…”, it goes without saying that same is not an application for interlocutory injunction. Every application for interlocutory relief in any of the Superior Courts, as is trite, must be by a motion specifically filed and praying for the desired relief. The mere statement on a writ of summons of a prayer for interlocutory relief is inconsequential and of no effect. It does not constitute a pending motion for such a relief, and no one is required to take notice of same.
4. In any event, it is pertinent to indicate that the substance of Mr. Dafeamekpor’s suit is a challenge on the power of the President to relieve Ministers serving in his government of their portfolios and reassign them to different Ministries. It has no bearing on the approval of persons newly nominated by the President as Ministers and Deputy Ministers and duly presented to Parliament for approval in accordance with articles 78(1) and 79(1) of the Constitution.
5. In light of the foregoing, Parliament, in my respectful view, has no inhibition in proceeding with the approval processes for the ministerial and deputy ministerial nominees. There is no risk of a prejudice to the authority of the Supreme Court in determining the substance and essence of the suit filed by Mr. Rockson-Nelson Etsa Dafeamekpor should Parliament continue the approval processes for the nominees.
I respectfully bring the matters set out above to your attention and advise that Parliament is not inhibited from proceeding with the approval processes for the ministerial and deputy ministerial nominees duly presented by the President in accordance with articles 78(1) and 79(1) of the Constitution.
I take this opportunity to renew to you, Right Honourable, the assurances of my highest consideration.
Yours faithfully,
GODFRED YEBOAH DAME THE ATTORNEY-GENERAL AND MINISTER FOR JUSTICE.
