Constitutional Case: Chief Justice threatens to award cost against Ayariga

Chief Justice (CJ) Gertrude Sackey Torkornoo has said Member of Parliament (MP) for Bawku Central, Mahama Ayariga would be slapped with a cost if he continues to be absent from court, and in the event he loses his constitutional matter before the Supreme Court.

According to the CJ, the Court has observed with concern that, the MP has since filing his writ not been present at the Apex Court.

The CJ using Mr Ayariga’s absence as a case study said plaintiffs who invoke the jurisdiction of the apex court, particularly on constitutional matters, must attach importance to it and show up in court.

Justice Torkornoo said this while hearing the case in which the Member of Parliament for Bawku Central Constituency, Mahama Ayariga, sued the Attorney-General, the Minister of Justice and the Minister of Finance and others.

He is asking the apex court to declare the establishment of the Ghana Financial Stability Fund (GFSF) as illegal and unconstitutional.

“I have a problem and it is that your client (Mahama Ayariga) is never in court,” the CJ who was chairing a seven member panel, said while addressing Thaddeus Sory counsel for plaintiff Mahama Ayariga, who was absent.

The CJ while pointing to the importance of constitutional matters, said that when plaintiffs file their case at the court, sometimes “they don’t show up.”

“If the plaintiff loses the case, I will award a cost against him,” the Chief Justice stated, adding that “a cause list of the court are issued with names of the plaintiffs,” but “they don’t come.”

“Once you start something, be committed to it until you are done,” the CJ urged.

Thaddeus Sory, counsel for Mahama Ayariga said his client would do the needful.

EIB Network Legal Affairs Correspondent Murtala Inusah is reporting that the Supreme Court, chaired by Justice Torkornoo, has fixed May 8, 2024, to deliver its judgment in the case.

The Bawku Central Member of Parliament is challenging that the establishment of the Fund violates Articles 175, 176, 178 and 179 of the 1992 Constitution.

In his writ dated November 14, 2023, the former Youth and Sports Minister said any support offered by the World Bank or the IMF will be a violation of Ghana’s constitution.

He prayed the Supreme Court to injunct the Finance Minister from implementing the Operational Framework of the Ghana Financial Stability Fund (GFSF) for “the administration, disbursement, withdrawal, or recovery of funds, as it is illegal and unconstitutional.”.