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
-
Systemic vulnerabilities within banking industry remain broadly subdued- BoG
1 minute -
Ghana, CĂ´te d’Ivoire’s export sectors face heightened risks due to El l Niño – Fitch Solutions
14 minutes -
Norway’s Princess Astrid dies two days after attending brother King Harald’s funeral
22 minutes -
NCA awards 700MHz spectrum to MTN Ghana for US$109.9m
34 minutes -
Saudi Arabia shuts key oil pipeline after drone attack launched from Iraq
34 minutes -
Passenger train derails in France leaving at least 44 injured
35 minutes -
Ukraine faces ‘toughest winter’ since Russia’s full-scale invasion, UN official tells BBC
35 minutes -
Close race in Sweden as hard right eyes role in government
37 minutes -
Adutwum’s spokesperson challenges Haruna’s claim he inherited current CSSPS
45 minutes -
ECG’s problems are about management, not ordinary workers – TUC
50 minutes -
Don’t wait for the floods to recede before going green – Prof Naana Jane
52 minutes -
Big Chef Season 5: Final 10 face Omo Tuo Challenge
56 minutes -
We won’t be at war with President Mahama; we need to sit up – GFA Communications Director
1 hour -
No football association can curb match fixing on its own – GFA
1 hour -
Ghana must turn horticulture into global export powerhouse – Vice President Naana Jane
1 hour