Legal Team Member of the National Democratic Congress (NDC), Godwin Edudzi Tameklo insists that the Speaker of Parliament, Alban Bagbin had legal basis for suspending the vetting and approval process of the ministers and deputies appointed by President Akufo-Addo.
According to the lawyer, relief 9 of the suit filed by Member of Parliament for South Dayi, Rockson-Nelson Etse K. Dafeamekpor at the Supreme Court was seeking an interlocutory injunction on the vetting and approval process.
Speaking on JoyNews’ Newsfile, Mr. Tameklo said the decision by the Speaker was therefore not in error.
“The Dafeamekpor writ is dated 18th.. now, relief 9 of the Dafeamekpor writ reads, “an order of interlocutory injunction restraining the Speaker of Parliament, the first defendant therein from proceeding with the vetting and approval of the names of the nominees of the President submitted”.
“That was the relief. So it is on this basis that the Speaker grounded his action. There was a substantive matter and it was on the 18th.
“So as at that time, the Speaker was not in error if he based his action on that. So at this point there was an order for an interlocutory injunction,” he explained.
The comments by Lawyer Tamekloe follow assertions by the Attorney-General and Minister for Justice, Godfred Yeboah Dame, that Parliament is not inhibited from proceeding with the approval processes for ministerial and deputy ministerial nominees.
According to Godfred Yeboah Dame, 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.
“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,” he clarified.
But Lawyer Tameklo disagrees.
He further added that the President of the Republic, Nana Akufo-Addo was rather in error when he refused to assent to the Anti-LGBTQ bill.
“Our President on the 4th of March met the Diplomatic Community. When he met them, he said he was unable to sign onto the bill passed by Parliament on 28th of February on the basis that there were two pending injunctions.
“But as at that time were there any injunctions by either Amanda or Richard Sky? No.
“In fact on the 4th, Richard Sky had not even issued his writ.”
Background
Parliament has suspended the consideration of the nomination of Ministers and Deputy Ministers of State by President Akufo-Addo.
This follows an interlocutory injunction filed at the Supreme Court by MP for South Dayi, Rockson-Nelson Dafeamekpor.
In his final address to the House before adjourning sitting on Wednesday, March 20, 2024, the Speaker of Parliament, Alban Bagbin said the lawsuit makes it impossible for Parliament to vet and process the new ministers nominated by President Akufo-Addo.
“Hon Members, I also bring to your attention, the receipt of a process from the Courts titled Rockson-Nelson Etse K. Dafeamekpor vrs. The Speaker of Parliament and the Attorney-General ( Suit no. J1/12/2024) which process was served on the 19th of March 2024 and an injunction motion on notice seeking to restrain the Speaker from proceeding with the vetting and approval of the names of the persons submitted by His Excellency the President until the provisions of the constitution are satisfied.
“Hon. Members in the light of this process, the House is unable to continue to consider the nominations of His Excellency the President in the ‘spirit of upholding the rule of law’ until after the determination of the application for interlocutory injunction by the Supreme Court,” he explained.
Source: myjoyonline.com
