Audio By Carbonatix
A professor at the Faculty of Law of the University of Ghana, Kofi Kumado, has questioned the legality of the government's decision to dissolve some boards of public corporations and withdraw some government nominees before the expiry of their terms.
He also wondered whether the government or the President had the right to dissolve boards or withdraw government nominees without any legal justification.
"Is the change in the persons who constitute the government, by itself alone, sufficient legal basis for the dissolution or withdrawal of the terms if the members of the boards or the nominees have not expired?" he asked in a letter to the Daily Graphic.
According to him the issue was no "laughing matter", since Ghanaians had, since January 7, 1993, pledged to put themselves under the rule of law, have a government of laws and put behind them a government of men and women.
Professor Kumado referred to a comment by a former chairman of the Ghana Commercial Bank (GCB), Mr K. G. Osei-Bonsu, at the bank's annual general meeting that he and a number of his colleague directors were retiring because of the announcement by the government and noted that the country's boards and public corporations had been established by statutes.
He said the GCB had been incorporated under the Companies Code, with its own regulations, with the instrument prescribing the qualifications for directorship.
The instruments, he said, "also prescribed when vacancies occur. The directors have fixed terms under the laws, with or without renewal options, and have appointing authorities".
He argued that it was stated nowhere in the instruments that directors' terms could be curtailed just because a new president had taken office, pointing out, "I have extended my research to cover articles 57, 58, 195 and 297 of the 1992 Constitution and drawn a blank."
Prof. Kumado also expressed regret that the public pronouncement referred to seemed to be taking effect, with directors of boards and public corporations accepting that they had been removed from office, "though no just cause or legal justification has been given".
He therefore, wondered how constitutionalism and the rule of law could take root and prevail "when we are still ready to succumb to government by the fiat of men and women".
Source: Daily Graphic
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Tags:
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Latest Stories
-
Ato Forson’s justification for debt rise shows lack of understanding of dynamics – Dr Gideon Boako
3 minutes -
Ken Agyapong lacks temperament for presidency, he can beat up a cabinet minister – Atta Akyea
8 minutes -
Ghana Property & Lifestyle Expo targets Dubai expansion to drive diaspora investment home
8 minutes -
Former Chief of Staff denies supporting Kennedy Agyapong
24 minutes -
Photos: Ghana deploys contingent of soldiers to Jamaica to support reconstruction efforts
28 minutes -
Oppong Nkrumah accuses NDC of intimidating judges in Kpandai election ruling
33 minutes -
Ministry of Lands commiserates with family after fatal shooting at Adelekezu
45 minutes -
Police arrest seven in Tamale drug crackdown, seize illicit substances
47 minutes -
Amerado sets My Motherland Concert 2025 for December 28 in Ejisu
48 minutes -
Akufo-Addo would have secured only 10% of votes in 2024 if he had contested – A Plus
53 minutes -
Underperforming energy agency heads face the axe – Minister Jinapor warns
53 minutes -
President Mahama deploys Ghana Armed Forces to aid Jamaica after hurricane
54 minutes -
Ghana Chamber of mines warns proposed gold royalty hike could harm industry
58 minutes -
Debate on term limits could drive better leadership – A Plus
59 minutes -
ECG and NEDCo performance to face tougher scrutiny in 2026 – Energy Minister
1 hour
