Anti-gay bill standoff:  Speaker Bagbin is being cautious – Lawyer for Dafeamekpor

Nii Kpakpo Samoa Addo, a private legal practitioner and lawyer for the plaintiff, Rockson-Nelson Dafeamekpor, MP for South Dayi constituency, has maintained that the Speaker of Parliament was being cautious in suspending the vetting and approval processes of President Akufo-Addo’s ministerial nominees.

On March 18, the South Dayi MP commenced a process at the Supreme Court to, amongst other reliefs, challenge President Akufo-Addo’s authority to revoke and reassign ministers without the affected ministers going through the constitutional process of vetting.

The case before the court forced Speaker Alban Bagbin to announce the suspension of the vetting and approval process.

“Hon Members, I also bring to your attention, the receipt of a process from the Courts titled Rockson-Nelson Etse K. Dafeamekpor vrs. The Speaker of Parliament and the Attorney-General ( Suit no. J1/12/2024) which process was served on the 19th of March 2024 and an injunction motion on notice seeking to restrain the Speaker from proceeding with the vetting and approval of the names of the persons submitted by His Excellency the President until the provisions of the constitution are satisfied,” the Speaker said.

But Attorney General Godfred Yeboah Dame disagreed with the Speaker because the South Dayi legislator did not apply for an injunction against the Speaker.

“The plaintiff has not filed an application for interlocutory injunction seeking to restrain the Speaker from proceeding with the vetting and approval of the names of the persons submitted by His Excellency the President…”, or indeed, any other interlocutory relief.

“Thus, there is nothing before the Supreme Court which may constitute a restraint or fetter on Parliament from proceeding with the approval of ministerial and deputy ministerial nominees presented to Parliament by the President in accordance with articles 78(1) and 79(1) of the Constitution,” read in parts a letter from the Attorney General to the Speaker dated Thursday, March 21.

Read also:

• ‘Take no action on anti-LGBTQ bill pending Supreme Court decision’ – Godfred Dame advices Akufo-Addo

Meanwhile, the lawyer for Dafeamekpor, in an interview with Alfred Ocansey, host of Ghana Tonight on Thursday, March 21, emphasised that the Attorney General was expressing his opinion on legal position which is not binding, stating that, “the speaker is being cautious.”

“You state that a person has filed a writ, he has 14 days to file a statement of claim, that is correct. In the writ the person has indicated an injunctive relief, in your opinion that injunctive relief does not bind the Speaker, the Speaker if of a different opinion, that if I have been served with a writ and it has an injunctive relief, I am bound and because of that I am going to proceed until the matter is determined,” Nii Samoa Addo told Alfred Ocansey.

“Remember, the Speaker has been cited for contempt in a previous matter and later on the part has to withdraw the contempt application so he is being cautious,” he stated.

Therefore, the private legal practitioner urged the Attorney General to go to court if the Speaker misunderstood the law.

Meanwhile, the Attorney General, Godfred Yeboah Dame, has accused the Speaker of “dabbling in politics,”  indicating that the suspension of the approval process of the minister would affect government activities.

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