May, 2024

The Seven Member Panel of the Supreme Court of Ghana presided over by the Chief Justice, Justice Gertrude Torkonoo in the case of KWAME BAFFOE ABRONYE v THE ATTORNEY GENERAL has unanimously declared that the recommendation by the Yaa Ntiamoa-Badu committee, a committee set up under Article 71 of the 1992 Constitution to make recommendations on emoluments for Article 71 office holders, for the payment of salary to presidential spouses in Ghana is unconstitutional.

This decision is premised on the basis that the first and second ladies of the Republic do not fall under the category of Article 71 office holders and as such are not entitled to be paid salaries nor ex-gratia by the State.

The Supreme Court held that parliament exceeded its jurisdiction by adopting the report putting the first and second ladies on the same salary margin as Members of Parliament, Ministers of State and cabinet members.

IMPLICATION OF THE DECISION.

Article 71 of the 1992 Constitution provides a list of public office holders whose salaries and allowances are charged to the Consolidated Fund which list does not include the First or Second Lady of the Republic of Ghana and neither is there any provision which can be applied by extension to include such persons. The implication of this decision therefore is that the First and Second Ladies of the Republic will not be paid salaries or allowances from the Consolidated fund.