Majority Chief Whip, Rockson Nelson Dafeamekpor has told the Minority Leader Alexander Afenyo-Markin that the newly nominated Governor of the Bank of Ghana, Dr Johnson Asiama violated no law by visiting the head office of the central bank and holding meetings with officials when he has not yet been approved by the Council of State.
On Tuesday February 4, Afenyo-Markin told Dr Johnson Asiama to stop holding himself as Governor until approved by the Council of State.
The Minority Leader had said that while awaiting confirmation, Dr Asiama can seek any necessary briefings outside the formal assumption of office.
Dr Asiama on Monday, February 3 formally assumed office and held his maiden meeting with senior executives of the central bank.
In a letter to President John Dramani Mahama dated February 3, 2025, Mr Afenyo-Markin said “I refer to the announcement from the Ag. Spokesperson to the President, Hon Felix Kwakye Ofosu on the above subject and dated Friday, January 31, 2025. The announcement states that the President has nominated Dr. Johnson Asiama to serve as Governor of the Bank of Ghana pending approval by the Council of State.
“However, Your Excellency, reports from various media houses today, Monday, February 3, 2025, indicate that Dr. Asiamah has proceeded to the Bank of Ghana and, in all intents and purposes, has assumed office as Governor, engaging in meetings and official activities. With all due respect, Your Excellency, it is concerning that an individual who has merely been nominated and whose appointment is still pending approval by the Council of State has taken on the responsibilities of the office in the absence of such approval. This raises serious procedural and constitutional concerns, particularly given that the Council of State has not yet been constituted.
“It is worth considering the precedent this sets. If, for instance, a judicial nominee were to take their seat in court and begin administering justice before receiving the necessary approvals from the Judicial Council, it would be widely deemed inappropriate. The same principle must apply in this instance.
Furthermore, should the Council of State, upon its constitution, decide against approving Dr. Asiama’s nomination, what measures will be taken to address the actions he has already undertaken in his assumed capacity?
“Your Excellency, it is my considered view that Dr. Johnson Asiama should refrain from engaging in official duties at the Bank of Ghana until his nomination has been duly approved by the Council of State. While awaiting confirmation, he can seek any necessary briefings outside the formal assumption of office. I trust that due attention will be given to this matter to uphold the integrity of our institutional processes.”
However, reacting to the Minority Leader, Dafeamekpor who is laos Member of Parliament for Sputh Dayi said My attention has been drawn to Hon. Afenyo Markin’s letter to His Excellency, John Mahama questioning why the newly appointed Governor of the Central Bank, Dr. Johnson Asiama went to the BoG to conduct official business yesterday. Let’s set the law. The President in pursuance of Art 183(4)(a) of the Constitution appointed Dr Asiama as BoG boss. The same power is conferred on the Prez by Sec 17(1)(a)of the BoG Act, 2002, Act 612 (as amended by Act 918, 2016.
“The Council of State is a creature of the Constitution and further enacted into law by Act 1037, 2020. This law provides no formula for offering its advise or ‘manner of delivering its consultation’ to the Prez regarding appointments into public office. There is a distinction between “prior approval” and “in consultation with” phrases as deployed by the framers of the Constitution.
“As regards the former, Parliament has devolved a procedure to give effect to that by actually subjecting nominees to what’s called “vetting” by way of screening. The CoS, on the other hand, holds no such “vetting” but I suspect they have a formula for satisfying that ‘in consultation with’ requirement in law. Now, it’s curios that Hon Afenyo Markin is lamenting the official presence of the new Governor at BoG yet he was unable to point to any law that has been breached in that regard.
“The Hon Afenyo-Markin knows that no law has been fouled by the conduct of the new Governor because he litigated this similar matter in 2016 and lost. In the case of GBA & Ors vrs. AG & Ors [2016] GHA SC 43 (Consolidated suit); Dotse JSC (as he then was) delivering a concurring opinion, had this to say to the Hon Afenyo Markin as Counsel for the Plaintiff in the 1st case:
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“In conclusion, I want to reiterate the point that, whilst the President is mandated to seek the advice of the Judicial Council, and consult with the Council of State in the appointment process of Supreme Court Judges with the approval of Parliament, those advisory opinions are not binding on the President”.
Below is his full statement…
ON AFENYO MARKIN FELL INTO AN ERROR OF LAW IN WRITING TO PREZ ON BoG
——————————————
1. My attention has been drawn to Hon. Afenyo Markin’s letter to His Excellency, John Mahama questioning why the newly appointed Governor of the Central Bank, Dr. Johnson Asiamah went to the BoG to conduct official business yesterday.
2. Let’s set the law. The Prez in pursuance of Art 183(4)(a) of the Constitution appointed Dr Asiamah as BoG boss. The same power is conferred on the Prez by Sec 17(1)(a)of the BoG Act, 2002, Act 612 (as amended by Act 918, 2016.
3. The Council of State is a creature of the Constitution and further enacted into law by Act 1037, 2020. This law provides no formula for offering its advise or ‘manner of delivering its consultation’ to the Prez regarding appointments into public office.
4. There is a distinction between “prior approval” and “in consultation with” phrases as deployed by the framers of the Constitution.
5. As regards the former, Parliament has devolved a procedure to giving effect to that by actually subjecting nominees to what’s called “vetting” by way of screening. The CoS, on the other hand, holds no such “vetting” but I suspect they have a formula for satisfying that ‘in consultation with’ requirement in law.
6. Now, it’s curios that Hon Afenyo Markin is lamenting the official presence of the new Governor at BoG yet he was unable to point to any law that has been breached in that regard.
7. The Hon Afenyo Markin knows that no law has been fouled by the conduct of the new Governor because he litigated this similar matter in 2016 and lost.
In the case of GBA & Ors vrs. AG & Ors [2016] GHA SC 43 (Consolidated suit); Dotse JSC (as he then was) delivering a concurring opinion, had this to say to the Hon Afenyo Markin as Counsel for the Plaintiff in the 1st case:
“In conclusion, I want to reiterate the point that, whilst the President is mandated to seek the advice of the Judicial Council, and consult with the Council of State in the appointment process of Supreme Court Judges with the approval of Parliament, those advisory opinions are not binding on the President”.
8. So it is clear from the above SC decision that, the appointment by Dr. Johnson Asiamah as the new BoG Governor (pending the advise from the CoS though) is a fait accompli, because the SC says any such advise is NOT BINDING ON THE PREZ.
9. Interestingly, even though, the Hon Afenyo Markin says in para 7 of his odd letter to the Prez of the Republic that, the new Governor should refrain from any official engagements, yet the same man suggests that the Governor can receive briefings awaiting confirmation. Que? In what form and manner will any such briefings take? Wouldn’t it be in a meeting? And won’t such meetings be held in BoG premises?
10. So, you see people, this letter was nothing but hot air. He fell into an error of law.
PS:
See below 2 other similar letters issued to appointees in the immediate past which didn’t attract his attention.
HON AFENYO MARKIN FELL INTO AN ERROR OF LAW IN WRITING TO PREZ ON BoG
——————————————1. My attention has been drawn to Hon. Afenyo Markin’s letter to His Excellency, John Mahama questioning why the newly appointed Governor of the Central Bank, Dr. Johnson Asiamah went to the BoG… pic.twitter.com/9lafjm5xjE
— Rockson-Nelson Dafeamekpor, Esq. MP. (@etsedafeamekpor) February 4, 2025
Source:
3news.com
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