Bagbin was either misinformed or misled – Attorney-General

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Bagbin was either misinformed or misled – Attorney-General
Bagbin was either misinformed or misled – Attorney-General

Africa-Press – Ghana. The Attorney-General Godfred Dame believes that the Speaker of Parliament was misled or misinformed leading to his decision to halt the approval of the ministerial nominees until after the Supreme Court has finished with the cases against the anti-gay bill.

Speaking exclusively Joseph Ackah-Blay on Thursday, March 21, Mr Dame said “I think that it is either the speaker was misinformed or misled by those who were mooting the action.”

Mr Dame further stated that the sponsoring of the anti-gay bill was politically motivated.

It was his view that there was really no need to handle this bill urgently.

“Every aspect of this bill is politically motivated. Otherwise, there is really no urgency. I remember mooting the contract management bill, a bill that had the potential to save the state millions of Cedis in judgment debt, passed by parliament in July 2023, it was only presented to the president for his assent about three weeks ago. Every step in this matter is politically motivated,” he told TV3’s Joseph Ackah-Blay in an exclusive interview on Thursday, March 21.

Mr Dame further told the Speaker of Parliament, Alban Bagbin that this is not the time to engage in tit for tat.

Presidency vs Parliament: A-G Dame hits out at Speaker of Parliament over response to President (youtube.com)

In his view, this is the time to look at things within the legal framework.

“This is a time we have to look at things legally, through the appropriate lenses and with all respect to stop the unnecessary titi for tat is being done by some people,” he said.

Piro to this exclusive interview, Mr Dame told Mr Bagbin that there was no inhibition in the process of Parliament to approve the ministerial nominees of President Nana Addo Dankwa Akufo-Addo.

Mr Dame refuted claims that he has received an interlocutory injunction in the case brought forth by Member of Parliament for South Dayi, Rockson-Nelson Etse K. Dafeamekpor.

Mr Dame clarified that he has not been served with any legal documents pertaining to such court proceedings.

Parliament on Wednesday, March 20 halted the vetting process for the nomination of Ministers and Deputy Ministers of State by President Nana Addo Dankwa Akufo-Addo following an interlocutory injunction filed at the Supreme Court by MP Rockson-Nelson Dafeamekpor.

In his closing remarks to the House before adjourning on Wednesday, Speaker of Parliament Alban Bagbin cited the lawsuit as the reason for the suspension of the vetting process, as it rendered Parliament unable to proceed with the nominations.

“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.”

However, in a letter addressed to the Speaker on Thursday, March 21, Mr. Dame disputed Bagbin’s assertion, stating that it was based on inaccuracies as no injunction had been filed.

“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.”

Below is the A-G’s full statement…

RE: DECISION TO HALT THE APPROVAL OF MINISTERIAL NOMINESS PRESENTED TO PARLIAMENT OF SUIT NO. J1/ 12/ 24 (ROCKSON-NELSON DAFEAMEKPOR VRS. 1. SPEAKER OF PARLIAMENT 2. ATTORNEY-GENERAL)

Respectfully, I am aware of a statement made by your esteemed self in Parliament on 20 March, 2024, in which you communicated the inability of the House to “continue to consider the nominations of His Excellency the President in view of the pendency of what you stated as “an injunction motion on notice seeking to restrain the Speaker from proceeding with the vetting and approval filed in the suit referred to above.

In furtherance of my role under article 88 of the Constitution and bearing constitutional responsibility for the conduct and defence of all civil proceedings against the State (including Parliament), I am constrained to draw your attention to some observations made from a body of the suit in question and the results of a formal search conducted at the Registry of the Supreme Court today, 21, March, 2024.

1. The action filed by Mr. Dafeamekpor, Member of Parliament for South Dayi, consists of a bare writ of summons. No statement of case in support of the writ has been filed as mandated by the Supreme Court Rules, 1996 (C. I. 16). It is thus correct to say, respectfully, that the suit is not properly constituted. In accordance with Rule 46(3) of C. I. 16, such an action will be struck out where a statement of case in support of the plaintiff’s writ is not filed within fourteen (14) days.

Source: 3News

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