The Supreme Court has dismissed the suit challenging the appointment of Otiko Djaba as Minister for Gender and Social Protection.
According to the court, it was unable to hear the case because the lawyer for the two plaintiffs, Godwin Tamakloe, did not possess a valid Solicitor General’s license at the time of issuing the writ.
The seven-member panel of justices presided over by the Cheif Justice, Sophia Akuffo also described the writ as incompetent.
The decision by the court followed an objection by lawyers for the Minister, led by Nutifafa Kuenyehia, which accused the counsel for the plaintiffs, Godwin Tamakloe, of not holding a valid license to practice at the time he issued the writ.
In his response, Lawyer Tamakloe told the court he had applied for a renewal of the license but had not received it when he issued the writ.
Two NDC Members of Parliament, Ashaiman’s Ernest Norgbey and MP for the Juaboso Constituency, Kwabena Mintah Akandoh went to court in February this year challenging the legality of Madam Djaba’s appointment as Local Government Minister due to her failure to undertake the mandatory National Service.
They prayed the court to declare the appointment and swearing-in of Madam Djaba as Minister as null and void due to the breach was certain aspects of the constitution pertaining to National Service Act.
The Minority in Parliament, earlier in 2017, boycotted the approval of Madam Otiko Djaba, over her failure to do her National Service and her purported bad temperament.
She was therefore approved by the Majority side who unanimously passed her prompting the two Minority MPs to proceed to court over the matter.
Otiko’s service waiver ‘temporary’
Although the Majority Leader had claimed on the floor of Parliament that the nominee had gotten her exemption from the National Service Scheme (NSS), it later emerged that Otiko Afisa Djaba’s exemption from the mandatory national service was only temporary.
According to the acting Executive Director of the National Service Scheme, Ussif Mustapha, Madam Djaba’s brief exemption, was because there is currently no Board in place for the NSS at the time.