Nana Addo has power to appoint acting ministers – Martin Kpebu
He said appointing 'caretaker ministers' is illegal as being described by the NDC
A private legal practitioner, Martin Kpebu has argued that it is legal for a newly-sworn in president to appoint interim ministers until substantive ones are duly nominated and approved by Parliament.
His comment follows the leader of the NDC caucus in Parliament, Haruna Iddrisu describing as “unlawful'', President Akufo-Addo's appointment of some ministers from his past first term administration as ‘caretaker ministers’.
Mr Iddrisu cited the Supreme Court Ruling of the J. A 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. A Mensah versus Attorney General 1997, Lawyer Kpebu said, the NDC MP got it wrong.
He explained that to avoid the situation of a vacuum in governance the Supreme 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 as quoted by joyonline.
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.