Two Minority Members of Parliament on Thursday filed a writ at the Supreme Court to revoke the appointment of Ms Otiko Afisa Djaba as Minister of Gender, Children and Social Protection for failing to do her National Service.
The Plaintiffs have sued the Attorney General and Minister of Justice as the first Defendant and Ms Otiko under suit number J1/11/2017.
In a reaction Mr Samuel Atta Akyea, a Legal Practitioner and Minister of Works and Housing told Ghana News Agency that the under the National Service Act the obligation to do national service can be waived by the powers that be,
He said “what is more crucial in doing national service than to be called upon by the President of the Republic to serve your country in a bid to better the welfare of especially women and children”.
The plaintiffs Mr Ernest Henry Norgbey and Mr Kwabena Mintah Akandoh, MPs for Ashaiman and Juaboso constituencies respectively contended in their reliefs that Ms Djaba could not become a Minister because; she failed to do her National Service.
They are praying the court to declare that: “upon a true and proper interpretation of the provisions of the constitution particularly Article 94 (2)(g) of the constitution” allowing Ms Djaba to continue as Minister “is in contempt of section (7) of the Ghana National Service Act, Act 426.”
The Plaintiff also want the court to disqualify Ms Djaba from being nominated, approved, and appointed as Minister of State due to her failure to do her National Service because her appointment “constitutes employment in the Public Service.”
They want a declaration that the swearing in of Ms Djaba, the second defendant was null and void and have no effect whatsoever.
“We also want an order directed at the second defendant restraining her from acting or purporting to act as Minister of State until such a time she completes her national service or duly granted an exemption in accordance with the National Service Act,” the writ said.
Ms Djaba’s nomination was approved by Parliament after the Minority refused to vote on her approval.