[2024]DLSC17443April 24, 2024Supreme Court

KWAME BAFFOE @ABRONYE vs. ATTORNEY-GENERAL

The plaintiff challenged the approval by Parliament of salaries and allowances paid to the spouses of the President and Vice President, arguing that such payments lack constitutional basis under Article 71 of the 1992 Constitution. The Presidential Committee on Emoluments (PCE), chaired by Prof. Ntiamoa Baidu, recommended inclusion of spouses in the privileges of Presidents and Vice Presidents, which Parliament approved. The plaintiff contended this was unconstitutional and sought declarations to that effect.

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JUDGMENT SACKEY TORKORNOO(CJ): Introduction Article 71 of the 1992 Constitution provides for the manner in which the emoluments of a specified group of public office holders shall be determined. It reads: Determination of Certain Emoluments 71 (1) The salaries and allowances payable, and the facilities and privileges available, to- (a) the Speaker and Deputy Speakers and members of Parliament; (b) the Chief Justice and the other Justices of the Superior Court of Judicature; (c) the Auditor-General, the Chairman and Deputy Chairmen of the Electoral Commission., the Commissioner for Human Rights and Administrative Justice and his Deputies and the District Assemblies Common Fund Administrator,· (d) the Chairman., Vice-Chairman and the other members of- (i) a National Council for Higher Education howsoever described.,· (ii) the Public Services Commission.,· (iii) the National Media Commission; (iv) the Lands Commission.,· and (v) the National Commissi...