Speaker was either misled or misinformed – Attorney-General writes

Concerns have been expressed by the Attorney General over Speaker of Parliament Alban Bagbin’s claim that the House is unable to discuss the nomination of new ministers and deputies nominated by President Akufo-Addo because of a Supreme Court order.

Godfred Dame asserts that Parliament is free to move on with the vetting and confirmation of the cabinet candidates.

On Wednesday, March 20, the Speaker had halted the consideration of the appointments when he made his comments.

According to Mr. Bagbin, the ruling comes from an interlocutory injunction that South Dayi Member of Parliament Rockson-Nelson Dafeamekpor sought before the Supreme Court.

In his final address to the House prior to the session’s adjournment, Alban Bagbin stated that the lawsuit prevents Parliament from vetting and considering the new ministers that President Akufo-Addo has nominated.

Nonetheless, the Attorney-General stressed that the action brought by Mr. Dafeamekpor is limited to a simple summons in a statement given to the Speaker on Thursday, March 21.

He clarified that, in accordance with the Supreme Court Rules of 1996 (C.I. 16), the South Dayi MP had not filed a statement of the case in support of the writ.

“It is thus correct to say, respectfully, that the suit is not properly constituted. In accordance with Rule 46(3) of C. I. 16, such an action will be struck out where a statement of case in support of the plaintiff’s writ is not filed within fourteen (14) days.

“The plaintiff has not filed an application for interlocutory injunction seeking to restrain the Speaker from proceeding with the vetting and approval of the names of the persons submitted by His Excellency the President or indeed any other interlocutory relief.

“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,” the Attorney-General said.

Although it is true that Mr. Dafeamekpor’s writ appears to be an order of interlocutory injunction prohibiting the Speaker from moving forward with the screening and approval of the ministerial nominees, the statement went on to state that “it goes without saying that the same is not an application for interlocutory injunction.”

Read the full statement below:

Source: Ghanatodayonline.com