The Supreme Court has dismissed an application seeking an injunction against the approval of President Akufo-Addo’s new ministerial appointees.
According to the apex court, the suit filed by the Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor is frivolous and an abuse of court processes.
Despite the absence of the NDC MP and his legal representatives, the court presided over by the Chief Justice, Gertrude Sackey Torkornoo still proceeded with the case.
The application challenged the President’s prerogative to reassign ministers without prior parliamentary approval. President Akufo-Addo’s reshuffle on February 14, 2024, saw numerous ministers and deputy ministers either relieved of their posts or reassigned to different portfolios.
But Mr Dafeamekpor sought the Supreme Court’s intervention to declare the President’s authority unconstitutional to appoint ministers and deputy ministers without parliamentary approval.
When the case was called in court today, the Attorney General strongly criticized the absence of the plaintiff and his legal team labeling their conduct as disrespectful and tantamount to professional misconduct.
This was after revelations that, the lawyer representing Dafeamekpor refused to accept court documents, including a hearing notice and the Attorney General’s opposition to a temporary court order.
Dafeamekpor’s lawyers, led by Nii Kpakpo Samoa Addo were said to have rejected the service of the hearing notice.
This news startled the Chief Justice who instructed the bailiff to testify regarding the attempted service.
The bailiff, Ben Nii Joshua, informed the court that he tried to serve Mr Dafeamekpor’s lawyers at their chambers. However, the secretary, who he identified as Naa, refused to accept the hearing notice, stating that she had been instructed by Mr. Nii Kpakpo Samoa Addo not to receive it.
Further questions were posed to the bailiff by the Bench, clarifying his actions upon rejection of the notice. The bailiff confirmed leaving the notice on the secretary’s desk. Justice Koomson queried if this constituted proper service, which the bailiff affirmed. Subsequently, the bailiff was discharged, and attention shifted to the legal representatives. Given the circumstances, Mr. Sory expressed uncertainty regarding the efficacy of the service but inferred its effectiveness based on the bailiff’s testimony.
The five judges presiding over the case were Justice Kingsley Koomson, Justice Mariama Owusu, Chief Justice Gertrude Torkonoo (Presiding), Justice Amadu Tanko, and Justice Yaw Darko Asare.
The defendants, including the Speaker of Parliament and the Attorney General, were represented by Godfred Yeboah Dame, alongside Deputy Attorney General Diana Asonaba Dapaah. Thaddeus Sory and Nuhela Seidu appeared as legal representatives for the Speaker of Parliament.
