CITATION: [1997–98] 1 GLR 227
Facts of the case:
In this case, after President Jerry Rawlings began his second term, he retained some ministers and deputy ministers from his previous administration without first obtaining approval from the newly constituted Parliament. J.H. Mensah challenged this, arguing that Article 78(1) of the 1992 Constitution required parliamentary approval.
Legal Issue:
Whether ministers and deputy ministers retained from the previous administration could continue in office without prior approval of the new Parliament, and whether the case had become moot after the names were subsequently submitted to Parliament.
To the Decision of the Court:
The Supreme Court held that both newly appointed and retained ministers/deputy ministers require prior parliamentary approval. The Court also declined to treat the case as moot because the constitutional issue could arise again.
How do you apply the Principle?
This case establishes that previous parliamentary approval does not automatically carry over to a new Parliament.
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