Private legal practitioner, Martin Kpebu, has told the Controller and Accountant General, Kwasi Kwaning-Bosompem to seek proper legal opinion on the appointment of civil servants in Ghana.
He says Mr. Kwaning-Bosompem’s reliance on Article 195 to remain in office smacks of a lack of understanding of the law.
After citing Article 195 of the constitution, Mr Kwaning-Bosompem said he would not resign from office for contesting the seat of Akim Swedru.
Article 195 of the Constitution of Ghana, 1992 says (1) Subject to the provisions of this Constitution, the power to appoint persons to hold or to act in an office in the public services shall vest in the President, acting in accordance with the advice of the governing council of the service concerned given in consultation with the Public Services Commission.
(2) The President may, subject to such conditions as he may think fit, delegate some of his functions under this article by directions in writing to the governing council concerned or to a committee of the council or to any member of that governing council or to any public officer.
(3) The power to appoint persons to hold or act in an office in a body of higher education, research or professional training, shall vest in the council or other governing body of that institution or body.
But speaking on the Key Points on TV3 on Saturday, January 13, Kpebu asked him to seek a proper legal opinion.
“Article 195 is for all offices in public service even the janitors are all appointed based on 195 but the difference is that because they are junior officers the president doesn’t sign their letters.
“So if he says he was appointed under 195, he has said absolutely nothing, he should thread cautiously, is that how to put a defense,” Kpebu argued.
Earlier while also speaking in an interview with TV3, Martin Kpebu stated that the public should continue to mount pressure on the Controller and Accountant-General to resign so he can pursue his political career.
“We are now giving him the opportunity to say that the matter is in court. I think that is what he is waiting for but I won’t fall for that bait, let’s not fall for it. He will say the matter in court so, if he resigns, he can be sued for contempt, in fact, they will come up with a number of excuses. So, let’s just let the public pressure continue to force him to resign,” he said.
“We should meet him with the chorus that the Article 195 encompasses all appointees in the civil services including the cleaners, janitors etc. By this, they are all important to our constitutional dispensation. So, when he says he was appointed under Article 195, he hasn’t said anything,” he added.