The Supreme Court has dismissed an injunction application filed by the Member of Parliament for South Dayi against Parliament’s approval of ministerial nominees by President Akufo-Addo.
By a unanimous decision, the Apex Court said the injunction application filed by Rockson-Nelson Dafeamekpor, is frivolous and an abuse of the court process.
Mr Dafeamekpor had filed an injunction restraining Parliament from vetting and approving new ministers as well as reshuffled ministers given various portfolios. He prayed the court to deem the action by President Akufo-Addo as unconstitutional.
President Akufo-Addo on February 14, 2024 announced a reshuffle consisting of 13 ministers and 10 deputy ministers being relieved of their post, while 6 of them were reassigned into various portfolios.
On Wednesday, March 27 when the case was called, the South Dayi Member of Parliament as well as his lawyer, Nii Kpakpo Samoa Addo were both absent.
Events took an interesting twist when the five-member panel chaired by the Chief Justice, Gertrude Torkornoo stood down the hearing for about 10 minutes to ascertain the details of documents submitted by the court bailiff.
The bailiff had indicated that in his quest to serve court processes to the Speaker of Parliament (1st defendant) and Rockson-Nelson Dafeamekpor (Plaintiff) the latter refused service.
Joshua Benning narrated to the court that a hearing notice and affidavit in opposition documents which were sent to the law firm of representatives of Rockson-Nelson Dafeamekpor were rejected because “an order had been made by the lawyer, Nii Kpakpo Samoa Addo not to receive any service.”
The Chief Justice then ordered for the hearing of the case to progress after the bailiff confirmed that the Speaker of Parliament had duly been served and he had also left the court documents at the premises of the plaintiff’s law firm.
Attorney-General Godfred Dame then described actions by the plaintiff’s lawyer as the highest form of disrespect to the apex court and as professional misconduct and called for the dismissal of the suit.
Responding to the suit, Thaddeus Sory, counsel for the Speaker of Parliament also opposed to the injunction application citing that it did not satisfy the requirements for an injunction to be granted.
Ruling on the matter, the apex court dismissed the injunction application.
It ruled that, “the reassigned ministers have no bearing on the vetting and approval of the nominees before Parliament…there is no reason to stay the hands of Parliament not vet and approve the ministers.
The five-member panel of justices comprised; Kingsley Koomson, Mariama Owusu, Chief Justice Gertrude Torkornoo, Amadu Tanko, and Yaw Darko Asare.