The Deputy Attorney General, Hon. Kwame Osei Prempeh, has challenged the minority NDC in parliament to carry out their threat of going to court over president Kufuor's decision to retain minister aspirants who have resigned.

The President has asked the resigned ministers to remain in office until after the AU summit.

The minority says the President's decision contradicts Article 81 of the 1992 Constitution which makes a minister's position vacant once he tenders in his resignation.

The NDC says it will go to the Supreme Court for an interpretation.

But the Deputy Attorney General has responded that the minority's argument is baseless and will not fly in any court of competent jurisdiction.

And his view is buttressed by an Accra based lawyer, Kwame Akuffo, who told Joy News that the President has the liberty to retain the ministers if he believes he will need them to accomplish a certain objective before their resignation takes effect.

Mr Akuffo said a 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.