Supreme Court dismisses injunction motion on DACF payments into MPs’ accounts

The Supreme Court has dismissed an injunction application that sought to restrain the Minister of Finance, Cassiel Ato Forson and the Administrator of the District Assemblies Common Fund (DACF) from channeling portions of the fund into the personal bank accounts of Members of Parliament, according to thelawplatformonline.com report on June 23, 2026.

According to the report, the motion, filed by Dr Yaw Twerefuor and argued by former Deputy Attorney General, Diana Asonaba Dapaah, asked the Court to halt the transfers until a substantive case challenging the practice was determined.

The panel, presided over by Justice Pwamang JSC and including Justices Kwoffie, Darko Asare, Adjei, and Suurbaareh, held that the practice ongoing since 1997, should not be disrupted through an interlocutory ruling.

Justice Pwamang remarked that “we can live with it and wait till judgment,” signaling the Court’s preference for a full decision rather than a temporary restraint.

Justice Adjei JSC raised questions about whether MPs account for the monies received. Counsel for the applicant argued that such funds, often earmarked for monitoring and evaluation of constituency projects, fall outside the Auditor-General’s oversight since they are deposited into personal accounts.

She maintained that MPs have historically not been subjected to auditing for these transfers.

The bench also questioned whether granting the injunction would amount to countermanding a decision of Parliament.

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Justice Pwamang suggested that the Court would not override parliamentary practice through a motion ruling but would instead address the matter comprehensively in its final judgment.

Deputy Attorney General, Srem-Sai, downplayed the application, insisting that no breach of DACF disbursement laws had occurred.

He argued that the accountability concerns raised were administrative rather than constitutional and that halting the transfers would unnecessarily disrupt a long-standing arrangement.

In delivering the ruling, Justice Pwamang JSC declared, “The application sought for fails and the same is accordingly dismissed.”

However, the substantive case challenging the legality of DACF transfers to MPs’ personal accounts remains pending.

AM

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