The former Director of the Ghana Law School, Mr Kwaku Ansah Asare, has said the National Democratic Congress (NDC) is acting prematurely when the date given by the president to resigned minister-aspirants to remain in office has not elapsed.

He said the NDC therefore has no case over President Kufuor's decision to retain the eight ministers who resigned last week.

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

Speaking on Joy FM's Super Morning Show on Wednesday, Mr Asare said the NDC is misleading the public. He added that President Kufuor has not violated the spirit of the Constitution in asking the resigned minister-aspirants to remain in office until the Africa Union Summit is over.

“I think the point made by Hon. Fuseini is misconceived. The Constitution does not use any word such as immediately he resigns. Immediately is not part of the formulation of Article 81. I believe the issue the minority is trying to raise is of no merit.”

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.”

Mr Asare said administratively anyone who resigns from an establishment does not leave office immediately until the appointing authority accepts or rejects the resignation.

“From what we have read in the newspapers, the President accepted and thanked them and gave them up to the end of July 4. July 4 has not come and therefore it is premature to argue…If on the 5th of July they are still in office then we can raise these issues. We cannot hide under the cloak of Article 81 to say the president has violated the Constitution,” he argued.

Mr Kwame Gyan, a lawyer and a lecturer at the University of Ghana concurred with Mr Asare’s submission. He told Show host, Kojo Oppong-Nkrumah, that the NDC’s argument is trivial and does not deserve the publicity it is getting.

“The tendering of a letter of resignation does not effect resignation. A resignation is a matter of fact which must be established and it is when the employer has accepted then you have resignation.”

He dared the NDC to go to the Supreme Court as they have indicated and they would be thrown out.

Mr Gyan argued: “I can assure them that the Supreme Court will throw them out on the grounds that Article 81 is unambiguous, it is clear and it does not give any doubt for interpretation.”