Gender, Children and Social Protection Minister Otiko Afisa Djaba has described the suit against her appointment following her inability to do her national service as discriminatory.
According to her, some persons, including John Oti Bless who was appointed by former President John Mahama as Deputy Minister for Local Government and Rural Development, were approved by the Appointments Committee at a time they did not do their national service yet there was no lawsuit against their appointments.
Two MPs from the Minority side of parliament have, through a suit, prayed the Supreme Court to revoke the appointment of Ms Afisa Djaba as Minister of Gender, Children and Social Protection.
They have also jointly sued Attorney General and Minister of Justice Gloria Akuffo as first defendant.
Ernest Norgbey and Kwabena Mintah Akandoh, MPs for Ashaiman and Juaboso respectively, argue in their reliefs that Ms Djaba cannot become a Minister because she failed to carry out 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”.
They also want the court to declare that Ms Djaba is disqualified 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”.
The plaintiffs also want a declaration that the swearing in of Ms Djaba (second defendant) is null and void and has 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.
But speaking on Asempa FM’s Ekosii Sen programme on Wednesday 8 March, Ms Djaba, who indicated the preparedness of her lawyers to defend her, said: “My lawyers are more than ready to face them. After 40, you don’t do national service in this country … They did not pass me only because I refused to apologise to former President Mahama.”
“Oti Bless was passed when he did not do his national service and there was no lawsuit against him; I will also sue them for discriminating against me. I will also sue those who have sued me in court for discrimination.
“They will also have to sue Oti Bless and all the others in parliament who have not done their service, otherwise I will also sue them for discriminating against me.”