The Minority in Parliament and government are gearing up for a legal showdown over the constitutionality of resigned ministers who are still at post.

While the minority National Democratic Congress (NDC) insist that it is against Article 81 of the 1992 constitution for the eight resigned cabinet ministers to be asked by President Kufuor to serve until the Africa Union Summit ends in Accra, government and other legal brains describe the minority’s view as trivial and baseless.

The NDC Member of Parliament for Bawku Central, Mahama Ayariga told Joy News once the ministers have written formally to the president to resign they have no business to remain in office because the Constitution frowns on it.

“We have been told that they have submitted their resignation letters to the President. There is a school of thought that says that a resignation begins from writing to the appointing authority…you may administratively offer that opinion but it creates a lot of absurdities.”

He said: “In any case if the Constitution intended to add that the resignation must be accepted by the appointing authority before it is considered complete the constitution would have said so…and once the ministers have announced that they have resigned and some have indicated that they have submitted their resignation letters, we are to presume that the offices are vacant.”

Hon. Ayariga said the minority would pursue the matter in court to seek interpretation of Article 81 of the Constitution.

Article 81 of the Constitution states: “The office of a Minister of State or a Deputy Minister shall become vacant if- (a) his appointment is revoked by the President; or (b) he is elected as Speaker or Deputy Speaker; or (c) he resigns from office; or (d) he dies. 82 (1) Parliament may, by a resolution supported by the votes of not less than two-thirds of all the members of Parliament, pass a vote of censure on a Minister of State.”

The Deputy Attorney General, Kwame Osei Prempeh said the NDC’s argument is hollow since they cannot tell Ghanaians when the ministers’ resignation takes effect.

“What Honourable Ayariga and co. are losing sight of is do they know the days the ministers gave as effective day of their resignations? I can tender in my resignation today to the president and say that by 4th of July I am quitting office...The former World Bank president resigned about a month ago,” he said.

Mr Prempeh said the minority's argument is porous and engaging in cheap politics. "They are wasting every body's time. Every body knows that in every establishment if you tender in your resignation you don't just walk away," he added.

Also, a private legal practitioner, Kwame Akuffo countered the NDC minority claims saying there is no need for such argument because it is up to the president as the appointing officer to accept or decide when a minister’s resignation takes effect.

Mr Akuffo said the press statement from the Office of the President indicates that an agreement has been reached between the appointing officer and the ministers to continue to stay in office until the end of the AU Summit. He said that does not violate the spirit of the Constitution.

Eight cabinet ministers aspiring to become NPP flagbearer in the 2008 elections resigned from office last week following a directive issued by President Kufuor that all minister-aspirants must resign.

After their resignation, the President gave them up to the end of the AU Summit to leave office to enable them perform their scheduled assignments.