Every Presidential Nominee For Ministerial Post Requires Prior Parliamentary Approval - Supreme Court

Accra, May 29, GNA he Supreme Court yesterday unanimously ruled that every presidential nominee for ministerial appointment, whether retained or new, requires the prior approval of parliament. The five-member panel said this in its judgement in a writ filed by Mr J.H. Mensah, Minority Leader in Parliament, challenging the constitutional status of retained Ministers of State.

The judgement said the "prior approval, however, is not a term of art" and that Parliament has to regulate its procedure of giving approval. The court by a majority of 4-1 held that "Mr Mensah's reliefs that the necessary incident of prior approval is consideration and vetting and further that whoever has not been so approved and appointed cannot lawfully act and hold himself as a minister or deputy minister of state are denied".

The court, again by a majority of 4-1, held that "on the true and proper interpretation of the constitution particularly, articles 57 (3), 61 (1) 76 (1 and 2), 78, 79, 80 and 81, 97, 100 and 113, no person can in each parliament of the fourth republic after a reasonable time of that parliament's inauguration, act as a minister or deputy minister of state without prior approval of parliament."

The majority decision was carried by Mr Justice A.K.B. Ampiah, Mr Justice C.F. Hayfron-Benjamin, Mr Justice George Acquah and Ms Justice Sophia Akuffo. Mr Justice George Aikins, who presided, dissented.

Mr Mensah filed the writ on 7 January 1997, asking the court to declare that the retained ministers and deputy ministers of state (should) submit themselves to Parliament for approval.

Mr Justice Aikins said the plaintiff was right in raising the issue which is not only justiceable but also requires interpretation by the court. He said it is untenable for the Attorney-General, the defendant in the case, to argue that the court should not entertain the writ and added that since a constitutional issue had been raised, the court has jurisdiction to hear the case.

He quoted portions of the constitution and legal authorities to buttress his judgement and ruled that all the reliefs sought by the plaintiff should succeed.

Dr Obed Asamoah, Minister of Justice and Attorney-General, in his statement of defence, urged the court to dismiss the writ because the president has every right to retain the old ministers of state without their being vetted by parliament.

Nana Akufo Addo, Member of Parliament for Abuakwa, represented the plaintiff.

Source: Ghana News Agency