One of the architects of Ghana’s local government structure, Professor Kwamena Ahwoi, says the Presidential Transition Act of 2012, Act 845, was misinterpreted by the current government led by Nana Addo Dankwa Akufo-Addo.
Act 845 was enacted to enable smooth transfer of political power from one democratically elected president to another.
The law, which was just a few years old at the time of coming into office of President Nana Akufo-Addo, has been interpreted, according to Prof. Ahwoi.
“The way it has been interpreted has had a devastating effect on the security of tenure of public officers generally,” he stated at the Fourth Edition of the Accra Dialogue, a thought-provoking forum organized by Media General in collaboration with Friedrich-Ebert-Stiftung and the Institute of Law and Public Affairs.
“Instead of the objective of ensuring the security of tenure of public officers, the section has achieved the opposite effect of providing a framework of insecurity of tenure of public officers.”
The legal and local governance expert says a section of the law, Section 14(1), was misinterpreted especially by the 7th government of the Fourth Republic triggering a potential politicization of all state institutions.
“Unfortunately, there is a section which was drafted in a way that was not anticipated.
“Unfortunately when the law came out, this is how it read: ‘Persons appointed by the president or a minister of state as members of statutory boards and corporations’.
“The section has been interpreted by the 7th government of the Fourth Republic to mean that every member of the board of directors as well as all members of staff of statutory boards and corporations cease to hold office on the assumption of office of a new president.
“Using this interpretation, the government has undertaken the following actions since January, 2017. It has dissolved the governing council and boards of all public tertiary institutions and regulatory bodies.”
Prof. Ahwoi cited himself as a victim of the said interpretation, having taken office just six months with four others as a member of the University of Ghana Governing Council.
He said the entire board was dissolved though only the four persons were government appointees.
“It has been used to remove from office Chief Executives.”
He listed over 30 institutions whose heads were sacked upon the assumption of government by President Akufo-Addo.
He listed COCOBOD, VRA, ECG, FDA, GRA, GIPC, Ghana Free Zones Board, NCA, Gaming Commission of Ghana, Head of the Local Government Service, Ghana Civil Aviation Authority, District Assemblies Common Fund Administrator, GNFS, NPA, GNPC, Ghana National Gas Company, NHIA and GTA as among the bodies.
“If we don’t do something about this provision, what it means is that, effectively we have politicized every state institution in this country.”
Professor Ahwoi recommended the Act be amended or reverted to the original wording of the draft to apply to a person appointed to boards by presidents and ministers.
By Cyril Dogbe|3news.com|Ghana