General Secretary of the National Democratic Congress, Johnson Asiedu Nketia has asked all Chief Executive Officers (CEOs) and Director Generals of public corporations appointed by previous administrations but were sacked by President Akufo-Addo upon the latter's assumption of office, to return to post.
He says the party welcomes the decision in a recent ruling by the Supreme Court in which the court held unanimously that it is unconstitutional and therefore null and void, for the government of President Akufo-Addo to remove from office, all chief executive officers and director-generals of public corporations appointed by previous administrations.
Speaking in an interview on Okay Fm's Ade Akye Abia Programme, he explained that the Court has clarified the constitutional position vis-a-vis the provisions of the Presidential Transition Act.
"I am advising all such categories of chief executive officers and director-generals who were so affected to take appropriate steps to vindicate their rights in the appropriate fora....
"If I was a dismissed chief executive officer or director-general, i will have gone back to occupy my position without any hesitation because the supreme court has made the appropriate interpretation on the matter," he told Kwame Nkrumah Tikesie, host of the show.
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Landmark Ruling
The removal of heads of public corporations as a result of a change of government was declared as unconstitutional by the Supreme Court over the weekend.
In a unanimous decision, a seven-member panel of the court, presided over by the Chief Justice, Justice Sophia Akuffo, held that per Article 190 Clause 1(b) of the 1992 Constitution, public corporations were part of the Public Services of Ghana and, therefore, such persons were public service officers whose appointments were protected by the Constitution.
By this decision, the Supreme Court has repealed the section of the Presidential (Transition) Act 2012 (Act 845) which terminated the appointments of the chief executives or director-generals of public corporations, statutory boards and authorities upon the assumption of office of a new President.
“To the extent that Section 14 of the Presidential (Transition) Act 2012 (Act 845) requires the chief executives or director-general (however described) of public boards or corporations to cease to hold office upon the assumption of office by a person elected as President of the Republic of Ghana, the same is hereby declared to be unconstitutional and void for being in contravention of articles 190 and 191 of the Constitution,” the court held.
The unanimous decision of the court was read by Justice Professor Nii Ashie Kotey, while the other members on the panel were Justices Jones Dotse, Sule Gbadegbe, Anthony A. Benin, Samuel K. Marful-Sau and Nene Amegatcher.
The case culminating in the Supreme Court’s judgment was initiated on January 4, 2017 by a legal practitioner, Mr Theophilus Donkor, who invoked the original jurisdiction of the court to interpret the 1992 Constitution.
Counsel for the plaintiff was Mr Godwin Edudzi Tamakloe.
Source: Isaac Kwame Owusu/Peacefmonline.com/[email protected]
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***barred word*** Go and educate Joe Gidisu who started this. Definitely if Joe Gidisu reads this he will recollect the destruction he caused at the Ministry of Roads and Highways when he was a Minister.
Mosquito wo kasa by heart. Wo ti awu papa. You speak like one with a hen’s brain. Sir John wo se mosquito enko law school? This reasoning doesn’t need even a 5 minutes law school class. Since laws aren’t meant to affect past incidents but rather present ones. I haven’t stepped into any law class but I know this. Mosquito ti wu ye.
Memory is short. Who passed the law was it not your government?
Asiedu Nketsia start issuing them re-appointment letters. Aboabeast,let them come and take positions at your party headquarters,daawa konko,tuusi,village lay about mentality is killing you.
When will the man behave as an elderly at all. Which law is he referring to at all. Ti wui paa nie
Laws made and by the Supreme Courts do not take retrospective effects or?? Lawyers to educate us! as for Asiedu Nketia, the least said about him the better......
WHY A BIG PARTY LIKE NDC CHOOSE THIS PALM WINE TIPPER AS GEN. SEC. YOU SEE HOW HE ALWAYS DISGRACE THE PARTY. BLOCKHEADED GEN. SEC.
I wonder why we sometimes give this man air space to talk. As a renowned broadcaster always says, airtime is expensive.
Those people decided not to seek legal action on their issue. This time these people took the case on
IF THIS MENTALITY IS THE GENERAL SECRETARY OF NDC THEN THERE IS NO WAY THEY HAVE LOST THE ELECTION. DID THIS CHAP GO TO SCHOOL AT ALL?