It’s unconstitutional – Supreme Court rules against payment of salaries to First and Second ladies

Ghana’s apex court, the Supreme Court has ruled against the payment of salaries to the wives of the President and the Vice President respectively.

In the decision of the Supreme Court, it said the payment of salaries to the First and Second Ladies is unconstitutional.

It can be recalled that the approval of payment of salaries and allowances to current First and Second Ladies stirred controversy back in 2019.

Subsequently, Bono Regional Chairman of the New Patriotic Party (NPP), Mr. Kwame Baffoe, popularly known as ‘Abronye’ filed a suit at the Supreme Court seeking to reverse the payment of salaries approved for First and Second Ladies.

In his suit, Abronye sought many reliefs including;

a. Declaration that the approval by Parliament to pay salaries to the First and Second ladies is inconsistent with ARTICLE 71 CLAUSES 1 AND 2 of the 1992 Constitution of the Republic of Ghana and consequently be declared null, void and unenforceable.

b. Declaration that, per Article 71 (1) and (2); the positions of the First and Second ladies of Ghana do not fall under the category of Public Office holders.

c. Declaration that, per Article 71 of the 1992 Constitution of the Republic of Ghana; the Emolument Committee is limited to recommending the salaries and other benefits and privileges of only public office holders.

d. Declaration that, per Articles 108 and 178 of the 1992 Constitution of the Republic of Ghana; Parliament cannot, on its own accord, initiate or approve payment of any such emoluments; which would necessarily be paid from public funds; without a bill to that effect emanating from and introduced by the Government and duly passed into law.

Chief Justice Gertrude Torkornoo who presided over a 7-member panel of Judges has ruled that the approval of salaries for the First and Second Ladies is inconsistent with the 1992 constitution since the First Lady and the wife of the Vice President do not fall under public officeholders.