President Mills’ goofs

…appointment of acting IGP is unconstitutional

Our investigations into the appointment of an acting Inspector General of Police by the President has revealed, that President Evans Atta Mills has breached the constitution of Ghana.

One could say that this government is a tad slow on some issues, this could be because President Mills is a more deliberative person than some past leaders. The paper expects that in that deliberative process, more attention will be paid to the law.

According to Ace Ankomah, a lawyer, Section 10(2) of the Police Service Act says that “The Inspector-General shall be appointed by the President acting in consultation with the Council of State by virtue of paragraph (e) of clause (1) of Article 70 of the Constitution.”

“The President’s power of appointment, is subject to the condition precedent of consultation with the Council of State. That is what Article 70(1)(e) says, as confirmed by section 10(2) of the Police Service Act”. We are then confronted, Is there a Council of State in place? If not, whom did the President consult with?

Ace Ankomah gave an impression that certainly people will argue that the IGP’s position is only an acting position. He cautioned that a President can simply avoid the condition precedent by keeping the person in an acting position forever?

“Thankfully, this does not have to remain in the realm of arguments. Section 12 of the Interpretation Act states as follows “(1) Where an enactment confers a power to appoint a person to an office, whether for a specified period or not, the power includes… (b) power, exercisable in the manner and subject to the limitations and conditions applicable to the power to appoint,… (ii) to appoint a person to act in that office, generally or in regard to specified functions, during the time that the authority in whom the power of appointment to the office is vested considers expedient. (2) A reference in an enactment to the holder of an office shall be construed as including a reference to a person for the time being appointed to act in that office as respects the functions of the office generally or the functions in regard to which the appointment is made.”

As a matter of principle and according to the laws of Ghana, the President cannot, appoint any person to be substantive or acting IGP without consultation with the Council of State, he said

This position becomes even more serious if one considers article 195(1) of the Constitution, which provides as follows “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.” The Police Service is a public service under the Constitution.

“So if we read article 70 together with article 195, the conditions precedent increases. He must also seek the advice of the Police Council, which is the governing council of the police service. The last time I checked, that council is not in place. That advice must itself be given in consultation with the Public Service Commission.

He advised that President Mills should read the law before he acts.