Stop holding yourselves as reps of Akufo-Addo – Minority tells Minister-designates
The Minority in Parliament has called on Minister-designates to refrain from assuming the role of presidential representatives.
In a statement on Tuesday, March 30, the NDC Caucus urged the Chief of Staff to revoke any unauthorized designations of Minister-designates as representatives of the President.
This follows allegations that the Chief of Saff made temporary appointments for Minister-designates awaiting parliamentary approval, labeling them as ‘Representative of the President.’
One notable case is Dr. Bernard Okoe-Boye, Minister of Health designate, who found himself embroiled in this controversy when he conducted inspections at health facilities, purportedly acting as the President’s representative.
However, he refuted any unlawful conduct within the Health Ministry amidst delays in his parliamentary confirmation.
In a statement issued by the Ranking Member on the Parliamentary Select Committee on Health and MP for Juaboso, Kwabena Mintah Akandoh, , the Minority indicated that Minister-designates, as nominees of the President, lack the authority to dictate or implement policy changes within ministry agencies.
“The Minister-designate, being solely a nominee of the President, holds no authority to instruct, direct, implement, or propose policy changes for agencies within a sector ministry. Thus, under what authority does he/she summon CEOs and other heads of institutions, who may be occupied with their official duties, to grant him an audience or presentations on their management of state institutions?
“The Minority in Parliament, therefore, advises the Chief of Staff to retract all unauthorized appointments designating Minister-designates as Representatives of the President.
“We further caution those appointed to desist from presenting themselves as Representatives of the President to designated Ministries. We urge all members of the public, particularly public sector workers, not to extend any privilege reserved for Ministers to such individuals.”
The minority highlighted that the 1992 constitution does not support the creation of presidential representatives in State Ministries.
“Therefore, for a highly regulated power centre such as the Presidency, it is beyond the authority of the Chief of Staff, who derives all her powers from the President as outlined by the 1992 constitution, to create new offices not recognized by the constitution.”
The caucus emphasized that a Minister, alongside the power and authority granted by the constitutional instrument of office and enacted legislations, serves as the representative of the President in their respective ministries.
“Hence, it is beyond the authority of the Chief of Staff to attribute the primary function of a Minister to an individual not officially appointed. Article 78(1) of the 1992 constitution stipulates, ‘Ministers of State shall be appointed by the President with the prior approval of Parliament.
“This indicates that the appointment process can only take place post-approval by Parliament. Therefore, Minister-designates are at most nominees whose presence in government institutions should amount to nothing more than a visit by an ordinary citizen, devoid of ministerial privilege or authority,” the caucus stated.
The Minority further declared it unlawful for any individual to present themselves as a Representative of the President to a Ministry exercising any form of executive authority of overseeing, directing, or controlling state institutions in the name of the President.
“For this reason, where a substantive appointment has not been made to a specific ministry, a Minister appointed to another ministry and equipped with the constitutional instrument of office is directed by the President to act as a ‘caretaker’ Minister for the ministry,” it added.
Background
President Nana Akufo-Addo announced a ministerial reshuffle on February 14, 2024.
The overhaul faced stiffer opposition from political parties, civil societies, and citizens alike.
This move saw approximately 12 current ministers, including 10 cabinet members and two regional ministers, affected by the reshuffle.
Notably among them was the Finance Minister Ken Ofori-Atta, who was removed from his position after surviving earlier calls for his dismissal.
The opposition National Democratic Congress(NDC) and its Minority Members of Parliament described the decision as insipid and uninspiring.