Mr. Ayariga is arguing that the government failed to submit operational modalities for the policy framework of some of these programmes to Parliament.

[contextly_sidebar id=”4IR3QFdJhQg5i1avYdQk9GyCETSFAP79″]He thus wants the court to compel either the President or the relevant minister to present the pertinent legislation and regulations to Parliament.

His lawsuit notes that he is seeking “an order of mandamus compelling the President or his assigned Ministers to bring to Parliament appropriate legislation establishing the institutions or agencies to implement the said initiatives, and to have proper regulations presented to Parliament for enactment to govern the exercise of discretionary power necessarily implicated in the implementation of  the said initiatives once the Appropriations (No. 2) Act, 2017 (Act 951) was passed by Parliament authorizing the appropriation of the funds.”

According to the lawsuit, the MP will also be seeking “An interim order of injunction restraining the President or his agents from implementing the initiatives until such time as the appropriate institutions for implementation are enacted by Parliament and the appropriate regulations to govern the implementation of the said initiatives are also approved by Parliament.”

“If the court agrees with my position, then naturally, the court will be telling them that, go back to Parliament with regulations on how you are going to implement the nation builders’ corps and spend 600 million this year,” Mr. Ayariga told Citi News after the suit.

Among Mr. Ayariga’s points of concern are the modalities for accessibility, non-discrimination agreements and systems to ensure value for money.

The Ghana School Feeding Programme, National Afforestation Programme,  Zongo Development Fund, and the Ghana Education Trust Fund are also mentioned in the lawsuit.

Fulfilment of threat

After Abuga Pele and Philip Assibit were imprisoned on February 23, 2018, for their role in the GYEEDA scandal, Mr. Ayariga’s assessment was that they were victims of a system filled with holes that festered corruption.

Abuga Pele, the former National Coordinator of the Ghana Youth Employment and Entrepreneurial Agency (GYEEDA), was sentenced alongside the Chief Executive Officer of Goodwill International Group, Philip Assibit, to a combined jail-term of 18 years on various counts, including willfully causing financial loss to the state.

The imprisoning of the two prompted Mr. Ayariga to give some state agencies an ultimatum to present to Parliament reforms to their regulations or face action at the Supreme Court.

In the week beginning February 26, he said he was going to move against every state agency exercising “unfettered discretionary power without clear non-discriminatory non-arbitrary regulations approved by Parliament governing the exercises of their discretionary power.”

“I shall in the coming week write to each and every agency of government concerned and demand that the regulations be brought to Parliament within 30 days otherwise I will proceed to the Supreme Court to seek an injunction against all that they are doing in violation of the law,” he said to Citi News at the time.

Mr. Ayariga said he would:

• Call for the annulment of all modules and contracts entered into by the National Youth Employment Authority that are not founded on approved regulations passed by Parliament, including the annulment of all of Zoomlion’s contracts with the agency.
• Demand that the GETFund should award no scholarships.
• Demand that the Micro Finance and Small Loans Centre (MASLCOC) must cease operating.
• Demand that the Presidency no loner grants international scholarships through the Scholarship Secretariat.
• Demand the termination of all contracts under the Ghana School Feeding programme by the end of this term.

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By: Delali Adogla-Bessa/citifmonline.com/Ghana

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After a meeting on Tuesday with the General Legal Council and Attorney General’s office to consider the Legal Profession Regulations 2017 LI, Mr. Ayariga revealed that the Council said it had Bill to allow for the establishment of other law schools, in addition to other amendments to the Legal Professions Act.

“The General Legal Council said that they also had a Bill to establish the law school and to make provision for them to license and accredit the establishment of other law schools,” the MP said on Eyewitness News.

He was speaking after the Subsidiary Legislation Committee decided to reject petitions from law students and adopt parts of the Legal Profession Regulations 2017 LI which allow for the conduct of entrance examinations for admission into the school.

But the committee will recommend that the Ghana Legal Council not be allowed to conduct interviews for entrants into the Ghana School of Law as had been the case before the Supreme Court declared it illegal.

Mr. Ayariga, however, admitted that deeper issue lay unresolved but he indicated that the General Legal Council has received some Cabinet backing for a Bill amending the Legal Professions Act, Act 32 to address some of the concerns.

“So we think that the other wider issues would be addressed in this substantive legislation that will come to us. The immediate issue is to deal with the Supreme Court issue to pass the amendment so that you can conduct exams and have admissions for 2018.”

Possible reform

The Ghana Law School has been criticized for its formal structure which some have described as restrictive.

The Ghana School of Law is the only institution authorized to provide the professional legal training and it serves over 1o schools providing LLB degrees.

The current training regime limits the intake into the Ghana Law School to under 500 of the about-2000 LLB graduates annually.

In 2017, critics of the current system called for the school to be scrapped, with IMANI Africa’s Vice President, Kofi Bentil, suggesting the Ghana Law School be turned into an examination body.

The Member of Parliament for North Dayi, Jocelyn Tetteh, joined calls for the decentralization of the training of lawyers in Ghana, arguing that reforms would liberalize the training of lawyers and ease the pressure on the Ghana Law School.

But the Chief Justice, Sophia Akuffo, downplayed such calls for the Ghana Law School to be scrapped saying the school provided much more than theoretical training.

During her vetting in June 2017, she maintained that “when you want to be called a lawyer, a professional, then you come to the professional school, like in architecture, you do the theory and then there are the practicals. Same with medicine, you do the classroom work and then you get to the clinicals.”

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Despite the Committee’s conclusions to allow the exams but reject the interviews, Mr. Mubarak said on Eyewitness News that “they have rules and I respect what they have done but I disagree with them.”

[contextly_sidebar id=”WgCcVdcBME9vBLwou2Fk4TPhULXzJspR”]After a meeting with the General Legal Council and the Attorney General’s office over the controversial Legal Profession Regulations 2017 LI, the Subsidiary Legislation Committee decided to also reject petitions for the scrapping of the entrance examinations for admission into the school.

The Committee has said that its decision to back the entrance exams, despite the opposition from law students and some observers is because the exams will be conducted within the remits of the law by the General Legal Council.

The Legal Professions Act 32 makes provision for preliminary, intermediate and final examinations.

But Mr. Muntaka argued that “it is not only when there are inconsistencies in law that Parliament decides to reject things.”

The MP made reference to Parliament’s decision to shelve the Plant Breeders Bill, which was met with some opposition from some stakeholders within the agriculture sector.

“We represent the people and  we need to listen to them at all times and because of that, Parliament had to suspend the proceedings on the Plant Breeders Bill not because there was anything wrong with it.”

Speaking to Citi News earlier, the Chairman of the Subsidiary Legislation Committee, Mahama Ayariga, indicated that the General Legal Council has received some Cabinet backing for the Bill amending the legal professions Act, Act 32 to the satisfaction of critics.

He told Citi News that this was done to enable the Ghana School of Law process admissions for 2018.

“Those two Bills, when they come, will address the wider concerns of the public and the law school” Mr. Ayariga said.

But Mr. Muntanka responded to thi saying the committee was putting the cart before the horse by passing the LI, then later amending the Act.

“I am still optimistic of Parliament that the generality of members of Parliament will look at this issue as a serious concern that is being raised by the ordinary citizen of this country and we cannot just push it away because it is a real issue… I will strongly oppose it and I will continue to encourage members to oppose it.”

The LI was drawn up and laid in Parliament on December 22, 2017, in response to the Supreme Court order directing a parliamentary approved admission process into the Ghana School of Law and calls to the Bar.

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The Committee has, however, rejected petitions for the scrapping of the entrance examinations for admission into the school.

[contextly_sidebar id=”ALgr3Rd6dM5Vk2NynTs6JUUMb2lhIeLB”]This follows an agreement between the General Legal Council and the Committee over the proposed Legal Profession Regulations 2017.

The proposed regulations, among other things, controversially stated that the General Legal Council would conduct an entrance exam as well as interviews for aspiring Ghana School of Law students.

The Chairman of the Committee, Mahama Ayariga told Citi News that this was done to enable the Ghana School of Law process admissions for 2018.

After meeting the Attorney General’s department and the General Legal Council, Mahama Ayariga said it was agreed that there would be an amendment of Legal Professions Act 32.

“The Deputy Minister actually showed us a Cabinet communique that approved a substantive Bill that will be brought to Parliament amending the parent legislation, which is Act 32. That then provides us with the platform to discuss the broader reforms of legal education in the country.”

“So based on that, the members of the committee were then satisfied that in the immediate term, we need to give them the approval to conduct the examinations… the committee thinks that the parent Act 32 makes provision for preliminary, intermediate and final examinations so the power to conduct examination is in the parent Act (32),” he explained.

Mr. Ayariga also said the Committee had lined up a number of far-reaching Bills to reform law education in the country beyond the scope of the current L.I hence the decision.

These included a Bill on the establishment of law schools and a Bill amending the legal professions act, Act 32.

“Those two Bills, when they come, will address the wider concerns of the public and the law school but immediately, we need to enable the law school to be able to process for admission for 2018 and the Supreme Court says that they must have an amendment enabling them to conduct an examination and that is what we have unanimously agreed to,”he added.

Opposition to proposals

The Association of Law Students had petitioned the Parliament to annul the Legislative Instrument because it argued that it was not in the best interest of legal education in the country.

The law students maintained that if the regulation was passed in its current form, it would restrict access to legal education.

The Association also petitioned President Nana Akufo-Addo to cause the withdrawal of the controversial Legal Profession Regulations 2017 from Parliament.

Some MPs, including the Minority Chief Whip, Mohammed Muntaka Mubarak, notably called for the withdrawal of the Legal Profession Regulations citing, among other things, the breach of due process.

The Attorney General and Minister for Justice, Gloria Afua Akuffo also noted some of these holes and advised Parliament to withdraw the controversial Legal Profession Regulations and take steps to re-lay it in the House.

She noted that the regulation was not gazetted on time, hence the advice.

The LI was drawn up and laid in Parliament on December 22, 2017, in response to the Supreme Court order directing a parliamentary approved admission process into the Ghana School of Law and calls to the Bar.

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By: Duke Mensah Opoku & Delali Adogla-Bessa/citifmonline.com/Ghana

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Mr. Ayariga has said he will move against every state agency exercising “unfettered discretionary power without clear non-discriminatory non-arbitrary regulations approved by Parliament governing the exercises of their discretionary power.”

[contextly_sidebar id=”bWPqe2B4SzDiHxlYWVomZtzvFBZoEQCW”]He asserted in a statement that all these agencies must provide a roadmap to close all loopholes or face being dragged to the Supreme Court.

“I shall in the coming week write to each and every agency of government concerned and demand that the regulations be brought to Parliament within 30 days otherwise I will proceed to the Supreme Court to seek an injunction against all that they are doing in violation of the law.”

Mr. Ayariga also said he will present a Private Members Bill to Parliament proposing the amendment of the Procurement Act to bring an end to sole sourcing.

He is also proposing the recall and review of all sole source contracts to “ensure that Ghanaians have value for money.”

Pele, Assibit ‘victims of bigger rot’

Abuga Pele, the former National Coordinator of the Ghana Youth Employment and Entrepreneurial Agency (GYEEDA), was sentenced alongside the Chief Executive Officer of Goodwill International Group, Philip Assibit, to a combined jail-term of 18 years on various counts, including willfully causing financial loss to the state.

Abuga Pele was handed a four and six-year sentence which will run concurrently, meaning he will spend six years behind bars.

Assibit, on the other hand, got sentences of 12 and four years on different counts, also to run concurrently, meaning he will be in jail for twelve years.

Describing the two convicts as comrades, Mr. Ayariga said they were only victims of a broken system.

“These comrades fell because we operated a legal regime that left cracks that became the holes that devoured them. The cracks include the tolerance of unfettered discretionary power in the management of our public affairs and the permissiveness of sole sourcing and other negative practices of allowing institutions to exist without an appropriate legal framework.”

He added that the imprisoning of the two prompted all these actions he is taking against state agencies which do not have regulations approved by Parliament

Key agencies targetted

Mr. Ayariga said he will:

• Call for the annulment of all modules and contracts entered into by the National Youth Employment Authority that are not founded on approved regulations passed by Parliament, including the annulment of all of Zoomlion’s contracts with the agency.
• Demand that the GETFund should award no scholarships.
• Demand that the Micro Finance and Small Loans Centre (MASLCOC) must cease operating.
• Demand that the Presidency no loner grants international scholarships through the Scholarship Secretariat.
• Demand the termination of all contracts under the Ghana School Feeding programme by the end of this term.

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By: Delali Adogla-Bessa/citifmonline.com/Ghana

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Mr. Ayariga acknowledged his friendship with Abuga Pele, a former MP for Chiana Paga, but said he “respected the conclusions of the court.”

“He is a friend, a colleague. I have known him very well and we have worked together in this house for many years… As a person, I sympathize with him. I sympathize with his family.”

“I wish there was anything I could do alleviate the pain that he would suffer as a result of his conviction and sentence, but I think that as a country, we have to respect the rule of law and uphold the decisions of our courts in matters like this,” Mr. Ayariga added.

NPP must start chasing their own

The Adaklu MP, Kwame Agbodza, also said he supported the rule of law, stressing that “the laws of this country must work.

“We can fight corruption whichever way; whether within or without. I am encouraging the government to also take similar steps to actually arraign their own people that we are accusing of corruption in court. We are challenging them to do same. We have done that,” Mr. Agbodza told Citi News.

Background

Abuga Pele, the former National Coordinator of the Ghana Youth Employment and Entrepreneurial Agency (GYEEDA), was sentenced alongside the Chief Executive Officer of Goodwill International Group, Philip Assibit, to a combined jail-term of 18 years on various counts, including willfully causing financial loss to the state.

Abuga Pele was handed a four and six-year sentence which will run concurrently, meaning he will spend six years behind bars.

Assibit, on the other hand, got sentences of 12 and four years on different counts, also to run concurrently, meaning he will be in jail for twelve years.

The court also ordered the state to recover all assets and money belonging to the state from the convicts.

Delivering her judgment, Justice Efia Serwaa Botwe said the prosecution succeeded in proving their case by producing enough evidence.

She also added that the defence and the accused person, on whom a lot burden of proof was laid, failed to prove their innocence in the matter.

GYEEDA scandal

Abuga  Pele and  Philip Akpeena Assibit, stood trial for committing acts that led to the loss of GH¢4.1 million to the state.

Assibit pleaded not guilty to six counts of defrauding by false pretence and six counts of dishonestly causing loss to public property, while Pele also pleaded not guilty to five counts of willfully causing financial loss to the state, abetment of crime and intentionally misapplying public property.

The prosecution claimed that Pele, who was the National Coordinator of the agency when it was known as National Youth Employment Programme (NYEP), entered into a contract with Assibit to engage in activities which did not inure to the benefit of the state.

The facts of the case, per the prosecution, are that in 2010, Pele entered into a memorandum of understanding (MoU) with the GIG, represented by Assibit, without any “recourse to the then sector Minister of Youth and Sports, Akua Sena Dansua, or the Attorney General’’.

Between May 2011 and May 2012, the prosecution said, Assibit made a number of payment claims for consultancy services ranging from “the provision of exit programmes for the NYEP to the provision of financial engineering services’’.

Assibit, the prosecution said, claimed his services led to the NYEP securing a World Bank facility of $65 million and also helped the agency to recruit 250 youth to support the implementation of what was known as the Youth Enterprises Development Programme.

The prosecution added that in August 2012, investigations revealed that Assibit was paid an additional “GH¢835,000 under the guise of what was referred to as tracer studies for the World Bank.”

Abuga Pele, a former Member of Parliament for Chiana-Paga in the Upper East Region, had always stated that he was only used as scapegoat by the previous NDC government, whiles the real culprits were made to walk free.

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By: Delali Adogla-Bessa/citifmonline.com/Ghana

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Speaking on the Citi Breakfast Show, MP for Bawku Central, Mahama Ayariga, said, even before the vetting by Parliament’s Appointment Committee, they had collectively agreed to pass Martin Amidu.

This is in spite of the fact that the Appointments Committee is yet to release its report on the nominee

[contextly_sidebar id=”tCx6jhR0bTUKV0GHFoRWHiLXvnuX1ErP”]“We overwhelmingly as a minority had taken the decision that we will pass him any day,  because people out there perceived that we were afraid of him and we wanted to show that we are afraid of nobody,” he said.

According to him, the NDC is very much interested in dealing with corrupt persons within the party and cannot be scared if the new government has to do same.

“I mean the NDC is bigger than any single person who might have committed an offence in the NDC regime, we saw it in NDC, some ministers were arrested, they were trailed, went to jail, it did nothing to NDC, the rank and file re-mobilized, chose new leadership, fought and recaptured power,”he said.

He noted that, the Minority will subject Mr. Amidu to scrutiny from every angle to make sure he delivers on all his responsibilities as a Special Prosecutor.

Martin Amidu on Tuesday, February 13, faced Parliament’s Appointments Committee in what could probably be the longest ever parliamentary vetting sessionfor a single individual in the 4th Republic.

The Special Prosecutor nominee responded to over 180 questions from all members of the committee in the over 7-hour long session.

The National Democratic Congres (NDC) Minority asked the most questions; 75% of all questions asked, with the caucus’ leader, Haruna Iddrisu, being the individual who asked the most number of questions.

Most of the questions focused on past statements and articles Martin Amidu had written.  There is, however, a pending suit at the Supreme Court by NDC member and former Deputy Attorney General Dominic Ayine, challenging Amidu’s nomination.

He argues that Mr. Amidu, 66, has passed the age that requires him to serve in that office.

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He said the National Democratic Congress (NDC) members on the Committee, will not frustrate the process, but will ensure that Martin Amidu passes the test of competence and fairness before recommending him for approval.

“We cannot frustrate the process; we definitely will be committed to the process. And the process will be able to establish that Martin Amidu is competent, capable, and a fair minded person in the discharge of his responsibility as special prosecutor.”

Parliament’s Appointment Committee is expected to vet Martin Amidu on Tuesday, February 13, 2018.

Mr. Amidu, a stalwart of the NDC, took on the party prior to the December 6, 2016 general elections, and accused some government officials then of corruption.

Speaking to Citi News on the pain Martin Amidu caused the NDC during that election, Mahama Ayariga said they bare no grudges against the Special Prosecutor nominee.

“As for the perceptions out there about him and the NDC, I think he is the one who has created that perception because through his writing, he has presented himself as a man out to witch-hunt the NDC, destroy the NDC as a political group.”

I’ve nothing to lose at my vetting – Martin Amidu

Meanwhile, Martin Amidu, has said he personally gains nothing whether or not his nomination is approved.

He has also appealed to his many supporters who cannot make it to the vetting venue, to follow the live broadcast on radio and TV.

Amidu has breached his principles by accepting SP job – NDC
In a related development, the [NDC, had accused Amidu of hypocrisy for accepting the nomination of President Akufo-Addo to become Ghana’s first Special Prosecutor.

The NDC in a statement reminded that, Mr. Amidu, a former Attorney General, criticized the Special Prosecutor Bill in 2017.

“Our issue with the nomination of Mr. Martin Amidu is based purely and solely on important matters of principle. We note among others that Mr. Amidu has previously published a document challenging the constitutionality of the newly established Office of Special Prosecutor, the very office he has accepted to occupy,” the NDC statement said.

The NDC in its statement said “we are not at all concerned, contrary to the insinuations of some that he [Amidu] should now be handed the full authority of state power to possibly pursue this agenda.”

The opposition party further stressed the need to have an impartial Special Prosecutor.

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Speaking on Eyewitness News on Thursday, Mahama Ayariga argued that, the Constitution has laid out the procedures for sanctioning a Minister.

[contextly_sidebar id=”iABYBmRf6S0bTjUCNF9OsBf6YvmbgssN”]According to him, the President could have either reshuffled the Minister or dismissed him, while Parliament could also tender a motion for censure against him.

“The President didn’t appoint the Minister alone and the President didn’t create the office of the Minister…The kind of public service positions where you can exercise disciplinary control such as suspension from office are different from Ministerial appointments. In the case of Ministers, there are mechanisms for dealing with them such as a vote of censurship by Parliamentarians or the President reshuffling a Minister or dismissing a Minister outright. The President cannot suspend a Minister. He has to show us specifically under which provision of the Constitution he’s exercising the power to suspend the Minister,” he said.

Mahama Ayariga hinted that, he might head to court to ensure that finality is brought to the matter, if the President does not reverse his decision.

“We can raise it on the floor of Parliament and debate it, but that doesn’t also give finality to the matter. It’s the courts that will give finality. The only way to obtain some finality is to go to the courts and test then Constitution in relation to the conduct of the President. Perhaps by [Friday] morning the President would have thought through it, realized he has done the wrong thing and reverse his decision. If he doesn’t then of course, there might be a need to challenge his actions and either myself or somebody else who has the space may decide to do that.”

The Minister was suspended after he was reported to have protected a group of angry youth believed to be members of the New Patriotic Party (NPP), who besieged the Upper West Regional office of the National Disaster Management Organization (NADMO) on Wednesday evening.

The statement announcing his suspension noted that, his deputy will act, pending the conclusion of an investigation into the incident.

‘Commendable but deputy can’t act’ – Haruna Iddrisu

The leader of the Minority in Parliament, Haruna Iddrisu, appeared to disagree with this school of thought from his colleague, stating that the President deserved to be commended for taking the decision and allowing the Regional Minister to be heard before making a final decision.

He added that, it was necessary for the processes initiated by the President to be allowed to proceed.

“You have to look at it within the larger context of the public service and I welcome the swiftness of the President’s action. He wants to deal with the crippling lawlessness in the country led by NPP youth and we should commend him for that. The President is allowing the Minister to be heard on the merits of the issue and is allowing, in the meantime, an investigation in the action. Probably that is why he chose the word suspension. The President can exercise the power of revocation, but has asked for an investigation into the matter, let’s allow the process to roll out,” he noted.

Mr. Iddrisu, however, described the directive by President Akufo-Addo for the Deputy Upper West Regional Minister, Amidu Ishaq to act in the stead of the suspended Regional Minister as unconstitutional.

He stated that, it was imperative that the President does not breach the Constitution in his effort to address the matter.

According to him, the constitution does not allow for a Deputy Regional Minister to act in the absence of a substantive Minister.

“We welcome the swiftness of the President’s action against the Regional Minister for attempting to [frustrate efforts] at getting an end to the lawlessness in the country by the masquerading NPP youth in that region and other parts of the country. But the President himself is a respected legal practitioner and must do what is appropriate legally and constitutionally within the meaning of the Supreme Court ruling on the status of deputy Ministers. It is wrong in law and constitutionally for the deputy Minister to be asked to acting in the absence of the regional Minister,” Haruna Iddrisu said on Eyewitness News.

He believes that the President could direct another Regional Minister to assume the role of acting Upper West Regional Minister until he makes a final determination on the fate of Sulemana Alhassan.

“What the President should be doing is to get any other Regional Minister to step in while the investigation continues until he decides whether he is revoking the suspension or enhancing it with a revocation of his appointment. There is a Supreme Court judgement on the status of deputy Ministers and they cannot act in the absence of Ministers. The President must get a Minister, probably a Regional Minister within the decentralization regime to act in that role. I expect the President to act within the law and within the Constitution and within the ruling of the Supreme Court. What he has done is legally untenable and inappropriate.”

Chaos at U/W NADMO

At about 5:00 pm on Wednesday, the youth from the Wa East district, numbering about 30, arrived in two pickups and a minibus, and stormed the NADMO offices at the Upper West Regional Coordinating Council.

After the police got to the scene of the disturbances and effected the arrest of three persons, Alhassan Suleiman ordered the release of the suspects.

He reportedly told the Police that “This is a party matter, I will have a meeting with them and get back to you”.  After that, the attackers walked home freely.

Following the incident, workers of NADMO declared a strike today [Thursday], and demanded that until the suspects are arrested, they will not return to work.

They  slammed the Regional Minister, whose duty is to protect citizens as the Regional Chairman of the Security Council, for choosing to shield the attackers.

They said the Minister demonstrated no value of their lives, as the attack on the offices of NADMO led to an aide to the NADMO Regional Director being beaten to pulp.

The Regional NADMO Director, Isaac Seidu, who appeared to be the main target of the attack, however escaped unhurt.

Isaac Seidu told Citi News that “the police came and met the boys around my office but when they wanted to make the arrest, the Minister [Sulemana Alhassan] came down and prevented them.”

The angry NADMO staff have welcomed the Minister’s suspension, and have called off their strike accordingly.

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While commending the decision taken by the President to suspend the Regional Minister, Haruna Iddrisu stated that, it was imperative that the President does not breach the Constitution in his effort to address the situation.

According to him, the constitution does not allow for a Deputy Regional Minister to act in the absence of the substantive Minister.

“We welcome the swiftness of the President’s action against the Regional Minister for attempting to [frustrate efforts] at getting an end to the lawlessness in the country by the masquerading NPP youth in that region and other parts of the country. But the President himself is a respected legal practitioner and must do what is appropriate legally and constitutionally within the meaning of the Supreme Court ruling on the status of deputy Ministers. It is wrong in law and constitutionally for the deputy Minister to be asked to acting in the absence of the regional Minister,” Haruna Iddrisu said on Eyewitness News.

He believes that the President could direct another Regional Minister to assume the role of acting Upper West Regional Minister until he makes a final determination on the fate of Sulemana Alhassan.

“What the President should be doing is to get any other Regional Minister to step in while the investigation continues until he decides whether he is revoking the suspension or enhancing it with a revocation of his appointment. There is a Supreme Court judgement on the status of deputy Ministers and they cannot act in the absence of Ministers. The President must get a Minister, probably a Regional Minister within the decentralization regime to act in that role. I expect the President to act within the law and within the Constitution and within the ruling of the Supreme Court. What he has done is legally untenable and inappropriate.”

The Minister was suspended after he is reported to have protected a group of angry youth believed to be members of the New Patriotic Party (NPP), who besieged the Upper West Regional office of the National Disaster Management Organization (NADMO) on Wednesday evening.

The statement announcing his suspension noted that, his deputy will act pending the conclusion of an investigation into the incident.

‘Minister can’t be suspended’ – Mahama Ayariga

NDC MP for Bawku Central, Mahama Ayariga also believes that the President’s decision to suspend the Minister was unlawful, as the Constitution lays out the procedures for sanctioning a Minister.

According to him, the President could have either reshuffled the Minister or dismissed him, while Parliament could also tender a motion for censure against him.

“The President didn’t appoint the Minister alone and the President didn’t create the office of the Minister…The kind of public service positions where you can exercise disciplinary control such as suspension from office are different from Ministerial appointments. In the case of Ministers, there are mechanisms for dealing with them such as a vote of censurship by Parliamentarians or the President reshuffling a Minister or dismissing a Minister outright. The President cannot suspend a Minister. He has to show us specifically under which provision of the Constitution he’s exercising the power to suspend the Minister,” he said.

Mahama Ayariga hinted that, he might head to court to ensure that finality is brought to the matter, if the President does not reverse his decision.

“We can raise it on the floor of Parliament and debate it, but that doesn’t also give finality to the matter. It’s the courts that will give finality. The only way to obtain some finality is to go to the courts and test then Constitution in relation to the conduct of the President. Perhaps by [Friday] morning the President would have thought through it, realized he has done the wrong thing and reverse his decision. If he doesn’t then of course, there might be a need to challenge his actions and either myself or somebody else who has the space may decide to do that.”

Haruna Iddrisu disagrees with Ayariga’s argument

Haruna Iddrisu however appeared to disagree with this school of thought from his colleague, stating that the President deserved to be commended for taking the decision and allowing the Regional Minister to be heard before making a final decision.

He added that it was necessary for the processes initiated by the President to be allowed to proceed.

“You have to look at it within the larger context of the public service and I welcome the swiftness of the President’s action. He wants to deal with the crippling lawlessness in the country led by NPP youth and we should commend him for that. The President is allowing the Minister to be heard on the merits of the issue and is allowing, in the meantime, an investigation in the action. Probably that is why he chose the word suspension. The President can exercise the power of revocation, but has asked for an investigation into the matter, let’s allow the process to roll out,” he noted.

Chaos at U/W NADMO

At about 5:00 pm on Wednesday, the youth from the Wa East district, numbering about 30, arrived in two pickups and a minibus, and stormed the NADMO offices at the Upper West Regional Coordinating Council.

After the police got to the scene of the disturbances and effected the arrest of three persons, Alhassan Suleiman ordered the release of the suspects.

He reportedly told the police that ” This is a party matter, I will have a meeting with them and get back to you”.  After that, the attackers walked home freely.

Following the incident, workers of NADMO declared a strike today [Thursday], and demanded that until the suspects are arrested, they will not return to work.

They  slammed the Regional Minister, whose duty is to protect citizens as the Regional Chairman of the Security Council, for choosing to shield the attackers.

They said the Minister demonstrated no value of their lives, as the attack on the offices of NADMO led to an aide to the NADMO Regional Director being beaten to pulp.

The Regional NADMO Director, Isaac Seidu, who appeared to be the main target of the attack, however escaped unhurt.

Isaac Seidu told Citi News that “the police came and met the boys around my office but when they wanted to make the arrest, the Minister [Sulemana Alhassan] came down and prevented them.”

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By: Edwin Kwakofi/citifmonline.com/Ghana

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