The sacking of former Minister of State at the Finance Ministry, Charles Adu Boahen by President Akufo-Addo, who is currently out of the country, has caused many people to raise concern over a possible contravention of the 1992 Constitution.

Article 60 (8) stipulates that "Whenever the President is absent from Ghana or is for any other reason unable to perform the functions of his office, the Vice-President shall perform the function of the President until the President returns or is able to perform."

The concern is that in the absence of President Akufo-Addo, Vice-President, Dr. Mahamudu Bawumia is mandated by the Constitution to act as President.

Therefore, the critics contend that the letter used to dismiss Mr. Adu Boahen should have been issued by the Vice-President, instead of the President.

https://www.myjoyonline.com/akufo-addo-sacks-charles-adu-boahen/

But Private Legal Practitioner, Samson Lardy Anyenini has explained that the President’s absence from the country does not automatically bar him from performing his Presidential functions.

In an interview on Joy FM's Top Story on Monday, Mr Anyenini posited that even if such a decision is to be taken by the acting President, the substantive President must be consulted.

“The President is not in Ghana but that does not mean he is incapable of performing his functions while he is away. Obviously, he would have given instructions that this is what ought to be done and when you are acting you cannot take such a decision without reference to the President.

“At least this is a substantive major decision to take, to sack or dismiss an appointee of the President. You cannot in your acting capacity suo moto take that decision,” he said on Top Story, Monday.

https://www.myjoyonline.com/dr-bawumia-and-charles-adu-boahen-only-meet-at-economic-management-meetings-dr-gideon-boako/

He stressed that given the opportunities offered by digital technology, President Akufo-Addo could just through a phone call give the order to be executed.

Why Adu Boahen was sacked

President Akufo-Addo on Monday terminated the appointment of the Minister of State at the Ministry of Finance, Charles Adu Boahen, with immediate effect.

In a statement from the Presidency, the Director of Communications, Eugene Arhin, said, “After being made aware of the allegations levelled against the Minister in the exposé, ‘Galamsey Economy’, the President spoke to Mr Adu Boahen, after which he took the decision to terminate his appointment, and also to refer the matter to the Special Prosecutor for further investigations.”

In the said documentary by investigative journalist Anas Aremeyaw Anas, Charles Adu Boahen is said to have told the undercover investigators that Vice President, Dr Mahamudu Bawumia needed $200,000 as an appearance fee before meeting with supposed investors. 

The Minister is also reported to have said that the Vice President would require some contracts from an investor for his siblings to get his backing and influence in establishing a business in Ghana.

“You mean, like appearance fees and stuff? I mean he, himself (the Vice President), if you give him some (USD) 200,000 or something as a token, as thank you, appreciation, that’s fine. 

“He’s not really, he’s not really (like) that. All he needs is to worry about his campaign money in 2020,” Charles Adu Boahen is alleged to have said.