Substituted Service For Double Salary MPs
The Supreme Court yesterday granted an order for substituted service of a writ challenging some former ministers and deputy ministers who allegedly drew double salaries from the Consolidated Fund between 2009 and 2016.
The writ filed by Kwame Baffoe aka Abronye DC, argued that the ministers and deputy ministers who were serving MPs at the time, drew double salaries in contravention of Article 98 of the 1992 Constitution.
He is seeking among others, an order of the Apex Court on the MPs to refund the double salaries into the Consolidated Fund.
The former ministers and deputy ministers sued for drawing double salaries include Minority Leader, Haruna Iddrisu, former Minister of Communication; Emmanuel Armah Kofi Buah, former Petroleum Minister and MP for Ellembelle; Edwin Nii Lante Vanderpuye, former Sports Minister and MP for Odododiodoo; Fifi Fiavi Kwetey, former Deputy Minister of Finance and MP for Ketu South; and Alhassan Azong.
The rest are Eric Opoku, Abdul Rashid Hassan Pelpuo, Mark Owen Woyongo, Comfort Doyoe Cudjoe Ghansah, and Aquinas Tawiah Quansah.
The plaintiff was struggling to serve the writ on the defendants and his lawyer, Nana Obere Boahen, subsequently filed an application for substituted service.
The application was seeking to serve the writ on the defendants by posting copies on the notice board of the court as well as publishing copies in the daily papers.
The court granted the application and ordered the plaintiff to serve the writ via substituted service by posting copies on the notice boards of the Supreme Court and the High Court as well as a one-time publication in the DAILY GUIDE and Daily Graphic newspapers.
The service becomes effective 14 days after the publication and the postings on notice boards.
The plaintiff went to the Supreme Court to challenge the defendants for withdrawing salaries as MPs and another as ministers or deputy ministers.
The writ is seeking a declaration that the defendants receiving double salaries as MPs and ministers or deputy ministers from the Consolidated Fund between 2009 and 2016 was inconsistent with Article 98 of the Constitution hence null and void.
It is also seeking a declaration that per Article 98 of the Constitution, the MPs were not entitled to double salaries without the express permission of the Speaker of Parliament acting on the recommendation of a committee of Parliament and, therefore, ought to be declared unconstitutional.
Again, the writ is seeking a declaration that the MPs, former ministers and deputy ministers drawing double salaries between 2009 and 2016 from the Consolidated Fund was in violation of Article 78(3) of the Constitution.
The writ is finally seeking an order of the court directing the MPs, former ministers and deputy ministers to refund the double salaries they received between 2009 and 2016.