Minority asserts that Ministers-designate do not serve as representatives of the President.

Date:

The Parliamentary Minority of the National Democratic Congress (NDC) has advised ministers-designate against assuming the role of representatives of the President, as instructed by the Chief of Staff, Madam Akosua Frema Osei-Opare.

The Minority strongly objected to the temporary appointment of ministers-designate awaiting parliamentary approval as “Representatives of the President” by the Chief of Staff. According to a statement signed by Mr. Kwabena Mintah Akandoh, the NDC MP for Juaboso and Ranking Member on the Parliamentary Select Committee on Health, there is no provision in the 1992 Constitution supporting the creation of representatives of the President.

The statement, copied to the Ghana News Agency (GNA), emphasized that on Monday, April 29, both the Minority in Parliament and the Ghanaian public were shocked to witness the Minister-designate for Health embarking on an announced inspection tour of health facilities as if his appointment as Minister was confirmed.

The statement highlighted that the Health Minister-Designate allegedly received a letter from the Chief of Staff appointing him as the Representative of the President to the Health Ministry.

“Given the highly regulated nature of the Presidency, it was beyond the authority of the Chief of Staff, whose powers are derived solely from the President as outlined in the 1992 constitution, to establish new offices not provided for in the Constitution,” it stated.

“By all indications, a Minister, in addition to the powers and authority bestowed upon them by the constitutional instrument of office, serves as the President’s representative in their respective ministry,” it continued.

“Hence, it is beyond the authority of the Chief of Staff to assign the primary function of a Minister to an individual not formally appointed as such.”

Citing Article 78(1) of the 1992 Constitution, which stipulates that Ministers of State shall be appointed by the President with prior approval from Parliament, the statement emphasized that the appointment process must occur only after Parliament’s approval.

Hence, it was deemed unlawful for any individual to present themselves as a Representative of the President to a Ministry, exercising any form of executive authority such as superintending, overseeing, directing, or controlling state institutions in the President’s name.

“As a result of this, a Minister appointed to another ministry and duly furnished with the constitutional instrument of office was directed by the President to serve as a ‘caretaker’ Minister,” the statement clarified.

The President’s Representative to the Ministry of Health, as outlined in the statement, was Mrs. Ursula Owusu Ekuful, the Minister for Communications and Digitalization, who currently acts as the caretaker-Minister for the Ministry of Health, and not Dr. Okoe Boye.

Consequently, the Minority advised the Chief of Staff to revoke all unauthorized appointments of Minister-designates as Representatives of the President.

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