Constiutional Cases Archives -

Anti-Gay Bill: Expedite action on two pending Cases – Parliament to Chief Justice

Lawyers of Parliament have formally requested the Chief Justice to fast-track track expedited hearing of two pending cases that relate to the Sexual Rights and Ghanaian Family Values Bill, also known as the anti-LGBTQI+ Bill. The request which was in the form of a petition filed on Friday, March 28, by Sory@Law, Barristers and Solicitors of Parliament outlined the significance of expedited hearings. The petition referred the precedence set by the Supreme Court in hearing a similar lawsuit filed by Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, whose action was rather filed later than the two pending cases. “We refer to the applications for orders of interlocutory injunction in the initiated suits served on the first Defendant. The said applications were filed on the 7th of March 2024 by the respective Plaintiffs in the said suits. “The applications were served on the first Defendant together with the directive that they will be fixed for hearing fourteen (14) days after service of the said applications on the respondents to the applications, the first Defendant and the Attorney-General of the Republic of Ghana who is the second Defendant and respondent to the two applications. “We have observed that in an identical situation, in the case of Rockson Nelson Este K. Dafeamekpor v The Speaker & Anor in which two applications for orders of interlocutory injunction were filed on the 218 and 25th of March respectively, the registry of the Court fixed the said applications for hearing notwithstanding the fourteen days rule above referred to resulting in their determination on the 27th of March 2024 although the application in the said suit was served on the first Defendant together with the regular fourteen days directive,” the Petition stated. “The applications for injunction in the two suits above referred to, in our view, are identical to the Rockson Nelson Este K. Dafeamekpor suit filed later in time and share a lot in common with the latter said suit in terms of urgency and substance,” it added. It would be recalled that Broadcast Journalist Richard Dela Sky and Dr Odoi, a Researcher at the University of Cape Coast have both separately filed lawsuits against the anti-gay bill, asking the court to prevent President Nana Addo Dankwa Akufo-Addo from enacting the bill into law. Due to the pendency of these cases which pointed out Constitutional violations of homosexual rights, President Nana Akufo-Addo has declined assenting to the Bill passed by parliament. The National Democratic Congress has also raised concerns about the manner the cases were being treated by the Supreme Court following the listing of Dafeamakpor’s action which was filed later. Starrfm.com.gh

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Supreme Court dismisses Dafeamakpor’s interlocutory injunction

The Supreme Court has dismissed an interlocutory injunction filed by Rockson-Nelson Dafeamakpor, the Plaintiff, who sought a restraining order to stop the Speaker of Parliament from approving some ministerial nominees. The Court, presided over by Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, said there was no basis to prevent Parliament from approving the President’s ministerial nominees. The Court said it dismissed the application as an abuse of the Court’s process. “I am sad to see that parties, who file suits do not sometimes follow up on the matter,” she added Initially, Mr Godfred Yeboah Dame, the Attorney General opposed to the application, indicating that it was an abuse of the Court process. He argued that the plaintiff lacked standing to litigate on the points raised and requested that the application be dismissed. Mr Thaddeus Sory, counsel for the Speaker of Parliament, told the Court that his client had not filed an affidavit in opposition to the application. He said that the application did not meet any of the approval requirements and did not indicate that the plaintiff would suffer any repairable damage. When the matter was called on Wednesday, March 27, 2024, Mr Dafeamakpor, the Member of Parliament for South Dayi, and his lawyer Nii Kpakpo Samoa Addo were both absent. The Court asked about the plaintiff’s whereabouts and had to stop the case to confirm with the bailiff whether a hearing notice had been served on him. According to the bailiff, who was under oath, a clerk named Naa at Addo, Addo Legal Attorneys said she had been instructed not to receive any processes related to the case. The bailiff said after receiving that information, he left the hearing notice on the table of the clerk, indicating that the plaintiff had been duly served with the processes for hearing. Meanwhile, the Speaker of Parliament and the Attorney General have confirmed they were duly served. The Court also struck out an application for leave to amend the writs of Summons filed in the Court. GNA

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Supreme Court to hear Dafeamakpor’s writ against Parliament from approving ministers today

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The Supreme Court will later today Wednesday, March 27, 2024, hear a writ filed by Member of Parliament for South Dayi Rockson-Nelson Etse K. Dafeamekpor is asking the Apex Court to restrain the Speaker of Parliament and the Chamber from vetting and approving some ministers of State referred to the House for consideration and appointments. Mr Dafeamekpor, the Plaintiff is also seeking a declaration that any Ministerial appointment which has not been subject to prior Parliamentary approval is in direct violation of Article 78(1) of the 1992 Constitution. In an action filed on March 18, 2024 against the Speaker of Parliament (1st Defendant) and the Attorney General (2nd Defendant), the legislator contends that, “a Minister of State shall be appointed by the President with the prior approval of Parliament.” He contended that, the failure of the President to refer some of his re-assigned Ministers to Parliament violates provisions of the 1992 Constitution. According to Murtala Inusah, a panel of seven are expected to deal with this Constitutional matter. Per his writ to the apex Court, the Plaintiff is seeking 11 reliefs which comprised of seven declarations and four orders. “An order directing the President of the Republic of Ghana to submit to Parliament for approval, the names of the Ministers of State and the Deputy Minister of State whose appointments were revoked or terminated on the 14th of February, 2024 and who were subsequently supposedly re-assigned to other Ministerial and Deputy Ministerial offices for purposes of appointment as Ministers of State and Deputy Minister of State. “An order of interlocutory injunction restraining the Speaker of Parliament, the 1st Defendant herein, from proceeding with the vetting and approval of thenames of the nominees of the President submitted to Parliament until the requirement that a Minister of State shall be appointed by the President with the prior approval of Parliament is satisfied in respect to the Ministers of State and the Deputy Minister of State whose appointments were revoked on the 14th of February, 2024 have been re-assigned new Ministerial and Deputy Ministerial offices. “An order of perpetual injunction restraining the Speaker of Parliament, 1st Defendant herein, from proceeding with the vetting and approval of the names of the nominees of the Presidential submitted to Parliament until the requirement that a Minister of State shall be appointed by the President with the prior approval of Parliament si satisfied in respect to the Ministers of State and the Deputy Minister of State whose appointments were revoked on the 14th of February, 2024 and have been re-assigned new Ministerial and Deputy Ministerial offices.” Starrfm.com.gh

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Supreme Court adjourns Mahama Ayariga vs Ken Ofori-Atta case to May 8

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The Supreme Court has adjourned to May 8, judgement on a suit filed by MP for Bawku Central, Mahama Ayariga, against former Minister of Finance Ken Ofori-Atta challenging the legality of the establishment of the Ghana Financial Stability Fund. Judgement on the case was set for today March 13, 2024 but the court said it was not ready and could not be delivered as scheduled. Chief Justice Gertrude Torkornoo who chaired the panel of judges was unhappy with the absence of the plaintiff Mr. Ayariga who she said has never shown up in court after filing the process. She warned to award costs against the MP should the judgment go against him. According to the suit filed in November 2023, Mr Ayariga, argues that the establishment of the Ghana Financial Stability without Parliamentary approval violates the Constitution. The Bawku Central MP is therefore asking the Supreme Court for reliefs including a declaration that the establishment of the Fund through administrative fiat issued by the Ministry of Finance and Economic Planning is illegal and unconstitutional as it contravenes articles 175, 176, 178, and 179 of the Constitution. He also wants a declaration that the Ministry of Finance’s use of opaque and unscrutinised mechanisms for the administration and disbursal of funds of the Ghana Financial Stability Fund, without the necessary authorization by an express Act of Parliament in accordance with the said Constitutional provisions is in clear disregard of the Constitution. He is praying for an order directing the Ministry of Finance to establish the Ghana Financial Stability Fund through an express Act of Parliament, outlining clear legal stipulations regarding its administration, mechanisms for disbursing funds, and procedures for fund recovery, in accordance with the Constitution. Mr Ayariga is further praying the apex court to injunct the Ministry of Finance from implementing or utilizing the current Operational Framework of the Ghana Financial Stability Fund as it is illegal and unconstitutional. More Stories Here Related

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NDC calls out Supreme Court for bias in scheduling of political cases

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The National Democratic Congress (NDC) has voiced concerns regarding the scheduling of political cases by the Chief Justice. In a press release issued by the NDC today, March 27, 2024, they expressed apprehension over certain decisions made by the Supreme Court, alleging “palpable bias” in the arrangement of cases with political ramifications. These concerns arise as the Supreme Court has scheduled a hearing for Wednesday, March 27, 2024, on a writ filed by Member of Parliament for South Dayi, Rockson-Nelson Etse K. Dafeamekpor. The NDC lawmaker is asking the Apex Court to restrain the Speaker of Parliament and the Chamber from vetting and approving some ministers of State referred to the House for consideration and appointments. The lawsuit, filed against the Speaker of Parliament (1st defendant) and the Attorney General (2nd defendant), was initiated on March 18. However, preceding this was a case brought forth by private legal practitioner, Richard Dela Sky, who sought a declaration that the Human Sexual Rights and Family Values Bill, commonly known as the anti-gay bill, is null, void, and of no effect. This was filed on March 5. All though the case of Hon. Rockson Dafeamekpor which was last in time to be filed, has been hurriedly listed for hearing, while that of Richard Dela Sky which predated the Dafeamekpor case by two weeks, has not been listed for hearing at all. The General Secretary of the NDC, Franklin Fifi Fiavi Kwetey-signed statement indicates that “given the recent political deadlock that these two legal suits have created between the Executive arm and the Legislative arm of government, one would have expected that the date of filing of the cases would have informed the timing of their hearing by the apex Court.” “It’s quite apparent, that this is a ploy by the Chief Justice to fast-track the determination of the suit filed by Hon. Rockson Dafeamekpor, while the determination of the Richard Dela Sky suit is deliberately and unduly delayed, to enable the President shelve the crucial Sexual Rights and Family Values Bill that has been passed by Parliament. “ “The arbitrary exercise of administrative discretion by the Chief Justice, particularly in the scheduling of cases in the Supreme Court, goes to fortify the high perception of bias on the part of the judiciary.” “Such judicial manipulations go to confirm the growing public perception that the current Chief Justice, is a pliant accomplice and abettor of the misrule of the despotic Akufo-Addo/Bawumia/NPP government.” GBC Online

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