First and Second ladies cannot be paid monthly salaries – Supreme Court

The Supreme Court has declared as unconstitutional the salaries and allowances paid to spouses of the President and the Vice-President.

It will be recalled that the 7th Parliament approved salaries for spouses of presidents and their vice as recommended by the Prof. Ntiamoah-Baidu committee on emoluments.

At the time, the argument was that spouses under various political regimes received an allowance, thus the need to make it official and regularise the practice.

However, several Ghanaians and Civil Society Organisations (CSOs) kicked against the move because it puts huge pressure on the public purse.

Following the debate, two individuals — the Bono Regional Chairman of the New Patriotic Party (NPP), Kwame Baffoe, popularly called Abronye and the South Dayi MP Rockson Dafeamekpor — decided to take the matter to the apex court in July 2021.

The separate suits which were later consolidated argued 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 Ghana.

Article 71 of the 1992 Constitution of Ghana talks about the determination of certain emoluments.

Clause one states that the salaries and allowances payable, and the facilities and privileges available to the Speaker and Deputy Speakers and members of Parliament, the Chief Justice and the other Justices of the Superior Court of Judicature, the Auditor-General, the Chairman and Deputy Chairmen of the Electoral Commission…being expenditure charged on the Consolidated Fund, shall be determined by the President on the recommendations of a committee of not more than five persons appointed by the President, acting under the advice of the Council of State.

Clause two states that the salaries and allowances payable, and the facilities available, to the President, the Vice-President, the chairman and the other members of the Council of State; Ministers of State and Deputy Ministers, being expenditure charged on the Consolidated Fund, shall be determined by Parliament on the recommendations of the committee referred to in clause (1) of this article.

It was the case of the plaintiffs that the spouses of the President and Vice-President were not part of the Article 71 office holders.

After two years of court proceedings, a seven-member panel presided over by Chief Justice Gertrude Torkornoo granted three out of the four reliefs sought by the Bono Regional Chairman Abronye.

In the case of the South Dayi MP, his reliefs which focused on the recommendations of the Professor Ntiamoah-Baidu Committee were dismissed, while only one was granted.

The court held that the positions of the First and Second Ladies of Ghana do not fall under the category of Public Office holders.

It added that the Emolument Committee of Parliament is limited to recommending the salaries and other benefits and privileges of only public office holders.