The Supreme Court of Ghana has decisively dismissed an injunction application aimed at preventing the approval of new ministerial appointees proposed by President Nana Akufo-Addo. The application, initiated by South Dayi Member of Parliament, Rockson-Nelson Dafeamekpor, was struck down as frivolous and an abuse of the judicial process, marking a significant moment in Ghana’s legal and political landscape.
The legal challenge emerged amid President Akufo-Addo’s recent cabinet reshuffle on February 14, 2024, which saw significant changes within the government, including the reassignment and removal of several ministers and deputy ministers. This reshuffle prompted Dafeamekpor, a legislator from the National Democratic Congress (NDC), to contest the legality of the reassignments without prior parliamentary approval, a move that temporarily halted the parliamentary vetting process for the new appointees.
Dafeamekpor’s lawsuit targeted the Speaker of Parliament and the Attorney General, positing that the President’s actions regarding the reshuffle and reassignments were unconstitutional. The application sought to compel parliamentary review and approval before the newly appointed ministers could officially assume their roles.
The case took center stage in the Supreme Court, drawing public and media attention to the proceedings, which were marked by notable absence and procedural drama. On the day of the hearing, Dafeamekpor and his legal representation failed to appear in court, an absence that was highlighted by the court and criticized by the Attorney General as disrespect and professional misconduct.
Despite the plaintiffs’ absence, the case proceeded, revealing a contentious debate over legal service and procedural integrity. The court sought to establish whether all parties, particularly Dafeamekpor, had been duly served and aware of the hearing schedule. The Attorney General condemned the conduct of Dafeamekpor’s legal team, particularly their refusal to accept court documents, including the hearing notice.
Arguments against the injunction, presented by the legal team representing the Speaker of Parliament, underscored the application’s failure to meet the legal criteria necessary for granting an injunction. This stance was ultimately upheld by the Supreme Court, leading to the dismissal of the application.
Presided over by a bench of five esteemed judges, including Justice Kingsley Koomson, Justice Mariama Owusu, Chief Justice Gertrude Torkonoo, Justice Amadu Tanko, and Justice Yaw Darko Asare, the court’s decision reaffirms the judiciary’s role in interpreting constitutional mandates and safeguarding democratic processes.
The ruling not only clears the path for President Akufo-Addo’s ministerial appointees to proceed with their parliamentary vetting but also emphasizes the importance of adhering to legal and procedural standards in pursuing judicial remedies. This development reinforces the judiciary’s position as a critical arbiter in Ghana’s political discourse, ensuring that governance and public administration adhere to the constitution’s stipulations and the rule of law.
