Audio By Carbonatix
A private legal practitioner, Martin Kpebu, says it is legal for a newly-sworn in president to appoint interim ministers until substantive ones are duly nominated, vetted, and approved by Parliament.
His comment follows the leader of the National Democratic Congress (NDC) caucus in Parliament, Haruna Iddrisu saying that President Akufo-Addo is acting unlawfully for allowing some of his first term Ministers hold onto their ministerial positions without following the legal process.
Mr Iddrisu cited the Supreme Court Ruling of the J. H Mensah versus Attorney General 1997 and argued that there is nothing like holding or acting ministers unless they have been nominated by President, and the legislature has vetted and approved them.
However, citing the same Supreme Court Ruling of the J. H Mensah versus Attorney General 1997, Lawyer Kpebu said, the NDC MP got it wrong.
He stressed that to avoid the situation of a vacuum in governance the apex court has granted the power to the executive to appoint holding ministers.
“The clear provision of the law, per the interpretation of the Supreme Court is that the President has power to appoint some persons to act as acting ministers pending nomination vetting and approval of substantive ministers.
“But it makes sense that naturally, the President should be given sometime to organise a new government, so in the interim some people should be giving the power to act,” he stated.
The legal practitioner further noted that until someone challenges the ruling of the Supreme Court in the 1997 case, the citizenry is bound to heed to it.
President Akufo-Addo in a letter on Monday, charged some former ministers to maintain their respective positions pending the appointment and subsequent approval of new ministers for his second term in office.
These former ministers include Ken Ofori Atta, the former Finance Minister; Alan Kyerematen, who was the Trade Minister; Alima Mahama, the former Local Government Minister and Kojo Oppong Nkrumah, former Information Minister.
Latest Stories
-
Teacher unions strike: Gov’t presents fresh proposals as talks end inconclusively
16 minutes -
51,000 teachers’ promotion arrears to be validated for October payment – Education Minister
46 minutes -
Kwabena Boamah appointed Board Chair for Impact Investing Ghana
54 minutes -
Striking teacher unions to meet Fair Wages and Salaries Commission on October 6
1 hour -
EOCO working with AG to arraign Nana Baffour Awuah before weekend court
1 hour -
Duraplast reassures customers after fire, announces October 5 reopening
1 hour -
Call off strike, gov’t will not renege on promotion arrears pledge – Haruna Iddrisu appeals to teacher unions
1 hour -
Committee set up to validate teachers eligible for 20% deprived-area allowance – Education Minister
1 hour -
Five-member committee to search for new Black Stars coach after Sports Ministry-GFA meeting
2 hours -
Pinktober: Breast cancer survival exceeds 90% when detected early – Breast Society of Ghana
2 hours -
TCDA to adopt Upper West’s MATCO mango farm as northern prototype, issues warning against felling shea trees
2 hours -
‘Fear delegates’ tag: Afoko touts genuineness among delegates ahead of NPP delegates conference
2 hours -
John Boadu: The leader our party needs at this time – Amb. Edward Akwasi Boateng
2 hours -
Baffour Awuah: EOCO arrested, detained MP after hours of waiting, questioning – Afenyo-Markin
3 hours -
EOCO court warrant authorised search of Baffour Awuah’s law firm, not residence – Afenyo-Markin
3 hours