The appointments by President-elect Nana Akufo-Addo are unlawful, private legal practitioner Samson Lardy Anyenini has said.
Mr Anyenini argued that the president-elect may have breached portions of the Presidential Office Act, indicating that Mr Akufo-Addo had to make the appointments in consultation with the Council of State.
“If you designate someone as a National Security Coordinator, you ought to know very clearly that what the law provides is that you appoint that person with the advice of the National Security Council. You will also need additionally, to consult with the Public Services Commission.
The Public Services Commission ordinarily will take that person through an interview process and vet them. You don’t tell me that you put those people forward, announce them to the whole world, and then you go and seek consultation. That is not the proper way to go about it,” he said on Friday, January 6, 2017 on Joy FM.
But another private legal practitioner, Ace Anan Ankomah, has a different interpretation of the Presidential Office Act.
For him, the announcement by the president-elect was to inform the public about appointee-designates. Mr Ankomah, a member of pressure group Occupy Ghana, indicated that the procedure for making appointments official has not been exhausted, hence there cannot be said to have been any formal appointments yet.
Meanwhile, former Chief of Staff Nana Ato Dadzie has also argued that the president-elect has done no wrong.
“The announcement is only a preparatory announcement like a pre-incorporation contract where you announce how you want to do something before doing it.
Announcing the names before the consultation [with the Council of State] is only an indication. …There is really nothing wrong with it, but their appointments shall take effect from the date that they would have had the assent from the president after consultation with the Council of State,” the international transition consultant said.
Source: Class FM
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The President nominated some personalities he wants to work with by referring to the dictates of the constitution which has bee opined by some legal brains as lawful. NDC is just scratching everything that comes their way to find fault with Nana Addo but unfortunately they will not succeed. Again, the people nominated will be approved by the council of state nevertheless, he needs people who will guide and advise him on how to make certain decisions before he is inaugurated as President. So the President did not breach any constitution. Another factor we must not overlook is those who are criticising the actions of President Nana Addo have not be villified or insulted so a positive for Ghana and NPP.
I AM SURPRISED AT ANYENINI'S ARGUMENT. YOU'RE TALKING ABOUT PRESIDENTIAL OFFICE ACT AND THE MAN IN QUESTION HAD NOT EVEN BEEN SWORN IN TO HOLD THAT OFFICE, THEN YOU SAY HIS ACTION IS UNLAWFUL. AH! LAWYER PLEASE COME AGAIN.
Is Npp taking us back to the culture of silence, the man just spoke his mind just as the media layers who judged every decision made by Mahama administration.
Mr Samson, i humbly think you are wrong on this one. Remember the spirit of the law is also very important. Come to think of it every minister is also made known b4 they are vetted in parliament. Does that mean it is also wrong?
May I ask how different the Ghanaian governance system is from the American one? Donald Trump, the US President-elect, is heard daily making and announcing appointments of members of even his cabinet. He's not been sworn in yet and I believe he also has some consultations to make for these appointments. I stand to be corrected and educated, please.
When did u finished ur law degree to be disturbing our ears with this your misinformation? Get some experience and proper knowledge before u spew these r.u.b.b.i.s.h. The man hasn't even been sworn in yet and u are busily muddying the waters. Pocket lawyer may3 ndwene y3 ho wai
hahahahahahahahahahahahahaahahahahahaha masre saaaaa m3 shoa mpo y3 m3ya. Sampson i like you but i think dis one dea. hmmmm. do we have to use law in every step. you aretryingto be like the biblical jew. i understand you know the law but dis one dea plse.
This guy makes my feel like throwing up anytime he talks. Sharrrap there! What do you know? Small boy, you don't know the thing....
The political biases are too much. Lets allow people to make intellectual discussions. Nana Addo could have kept his cool, keep these names under cover until the right time to let the public know. Putting these names in the public before exhausting the appointment procedures can create unnecessary stress for those who may be rejected by the processes.
This guy( Sampson) 2 dey talk paaaaa o'. What makes it unlawful Papa Lawyer? If is unlawful take it to court Massa.This is the reason why Lawyer Ayikwoi Otoo always school you and keep referring you to Read.