[ad_1]
Private lawyer Martin Kpebu says it’s legal for a newly sworn president to appoint interim ministers until substantive ministers are duly appointed, vetted and approved by parliament.
His comment follows the leader of the National Democratic Congress (NDC) caucus in Parliament, Haruna Iddrisu, claiming that President Akufo-Addo is acting illegally to allow some of his first-term ministers to retain ministerial functions without going through the legal process.
Mr Iddrisu cited the Supreme Court decision of J. A Mensah against the Attorney General of 1997 and argued that there is no such thing as detaining or acting as ministers unless they have been appointed by the President and the legislature has considered and approved them.
However, citing the same decision of the Supreme Court of J. A Mensah against the Attorney General of 1997, lawyer Kpebu said the NDC deputy was wrong.
He pointed out that to avoid the vacuum in governance, the Supreme Court has granted the executive the power to appoint titular ministers.
“The clear provision of the law, as interpreted by the Supreme Court, is that the president has the power to appoint certain people to act as interim ministers pending review of appointments and approval of substantive ministers. .
“But it makes sense that naturally the president has a certain time to organize a new government, so in the meantime some people should be empowered to act,” he said.
The lawyer further noted that as long as someone does not challenge the Supreme Court’s decision in the 1997 case, citizens are required to take it into account.
President Akufo-Addo, in a letter on Monday, instructed some former ministers to maintain their respective positions pending the appointment and subsequent approval of new ministers for his second term.
These former ministers include Ken Ofori Atta, the former finance minister; Alan Kyerematen, who was the Minister of Commerce; Alima Mahama, former minister of local government and Kojo Oppong Nkrumah, former minister of information.
Source link
