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
-
Managing Prediabetes with the Help of a Dietitian
4 mins -
Joy FM listeners criticise Achiase Commanding Officer’s election comment
25 mins -
Legal Aid Commission employees threaten strike over poor working conditions
28 mins -
Ghana ranked 7th globally as biggest beneficiary of World Bank funding
37 mins -
IMF board to disburse $360m to Ghana in December after third review
42 mins -
Former Bono Regional NPP organiser donates 13 motorbikes to 12 constituencies
48 mins -
Securities industry: Assets under management estimated at GH¢81.7bn in quarter 3, 2024
53 mins -
Gold Fields Ghana Foundation challenges graduates to maximise benefits of community apprenticeship programme
2 hours -
GBC accuses Deputy Information Minister Sylvester Tetteh of demolishing its bungalow illegally
3 hours -
Boost for education as government commissions 80 projects
3 hours -
NAPO commissions library to honour Atta-Mills’ memory
3 hours -
OmniBSIC Bank champions health and wellness with thriving community walk
3 hours -
Kora Wearables unveils Neo: The Ultimate Smartwatch for Ghana’s tech-savvy and health-conscious users
3 hours -
NDC supports Dampare’s ‘no guns at polling stations’ directive
3 hours -
Police officer interdicted after video of assault goes viral
3 hours