Parliament Not Inhibited From Approving Ministerial Nominees- AG

The Attorney-General and the Minister for Justice, Godfred Yeboah Dame has stated that the Parliament of Ghana can carry on with the approval of some 21 Ministers and Deputy Ministers despite a suit challenging the recent Ministerial reshuffle by the President.

The statement comes in the wake of the Speaker’s announcement of the suspension of the processes on March 20.

In a letter addressed to the Speaker, the AG said, “I respectfully bring the matters set out above to your attention and advise that Parliament is not inhibited from proceeding with the approval processes for the ministerial and deputy ministerial nominees duly presented by the President in accordance with articles 78(1) and 79(1) of the Constitution.”

According to him, a search at the Registry of the Supreme Court on March 21 revealed an action filed by the Member of Parliament for South Dayi Constituency, Rockson Nelson Dafeamekpor is “not properly constituted” as there is no statement of the case in support of the writ.

Additionally, he said the plaintiff had not filed an application for interlocutory injunction to restrain the House from carrying on with the approval of the designated Ministers.

“Thus, there is nothing before the Supreme Court which may constitute a restraint or fetter on Parliament from proceeding with the approval of ministerial and deputy ministerial nominees presented to Parliament by the President in accordance with articles 78(1) and 79(1) of the Constitution.”

It explained, “Whilst it is true that a relief stated on the writ filed on 18th March 2024 referred to above, purports to be an ‘an order of interlocutory injunction restraining the Speaker of Parliament from proceeding with the vetting and approval of the names of the persons submitted by His Excellency the President to Parliament..’, it goes without saying that same is not an application for interlocutory injunction.

“Every application for interlocutory relief in any of the Superior Courts, as is trite, must be by a motion specifically filed and praying for the desired relief. The mere statement on a writ of summons of a prayer for interlocutory relief is inconsequential and of no effect. It does not constitute a pending motion for such a relief, and no one is required to take notice of same.”

The Minister for Justice further argued that the suit relates to the President’s authority to relieve Ministers serving in his government of their portfolios and reassign them to different Ministries and not the approval of persons newly nominated by the President as Ministers and Deputy Ministers and duly presented to Parliament.