Supreme Court orders for ‘double-salaried’ MPs to be served via substituted service

The Supreme Court has granted New Patriotic Party (NPP) Bono East Regional Chairman, Kwame Baffoe, alias Abronya DC, permission to serve a writ on some nine former appointees of former President John Dramani MPs including the Minority Leader Haruna Iddrisu via substituted service.

The NPP party officer is currently in court
invoking the original jurisdiction of the apex court for the interpretation of Article 98 of the 1992 Constitution.

Article 98 of the Constitution bars Members of Parliament from holding any other office of profit or emolument, be it private or public, and whether directly or indirectly, unless with the permission of Mr./Madam Speaker’s permission; and on the grounds that the conflict of interest concerns are not triggered and that the MP’s core responsibilities are not prejudiced.

He is also asking the court to interpret Article 78(3) of the Constitution and further wants the nine individuals who were former Ministers/Deputy Ministers within the Mills-Mahama Administrations, as well as Members of Parliament between 2009 and 2016, to pay back to the Republic, all double salaries received within the period.

The 12 defendants in the case are Minority Leader and former Trade and Industry Minister, Haruna Iddrisu, Alhassan Azong, Fifi Fiavi Kwetey, Eric Opoku, Abdul Rashid Hassan Pelpuo, Emmanuel Armah Kofi Buah, Edwin Nii Lantey Vanderpuye, Mark Owen Woyongo, Comfort Doyoe Ghanasah, and Aquinas Tawiah Quansah.

The rests are the Controller and Accountant General and the Attorney General.

The directive by the court was given after counsel for the petitioner, lawyer Seth Gyapong Oware told the apex court that it had become impossible to serve 9 out of the 12 defendants in the case with the writ invoking the original jurisdiction of the Court, and the applicant’s Statement of Claims.

He prayed to the court to allow them to serve the processes via substituted service.

His Lordship Clemence Honyenuga, who is the sole judge on the matter granted the plea.

The judge in granting the request stated that said: “good and substantial reasons have been urged for the grant of the application.”

He further ordered that copies of the Writ Invoking the original jurisdiction of the Supreme Court, and Statement of Claims be posted on the notice boards of the Supreme Court, Parliament, and the High Court at the Law Court Complex, and for the same to also be published in the “Daily Guide” and “Daily Graphic” Newspapers.

The publications are to last for 14 days beginning from the first day of their posting.


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