Asiedu Nketia Needs To Be In The Law School - Sir John

Chief Executive Officer of the Forestry Commission, Kwadwo Owusu Afriyie, popularly known as Sir John has taken a swipe at the General Secretary of the opposition National Democratic Congress (NDC), Johnson Asiedu Nketia, urging him to go to the law school.

According to him being in opposition is a disease that if you are not careful, you will end up saying things ignorantly.

Speaking on Okay FM's 'Ade Akye Abia' programme, the former General Secretary of the ruling government explained that though the court has made a ruling about the removal of Heads of Public Corporations as a result of a change of government, he will advise his party to go and seek review in court.

I am sure there is more to the ruling and that if the Attorney General should go to court there will be more interpretation to the ruling.

"You see when there is a change in government, you will not wait for the government of the day to replace before you leave, you just have pack bag and baggage and leave clandestinely and not wait to witch hunt out or sacked."

"For my friend Asiedu Nketia, I am sure he does not understand the law because you cannot order people around to go back for their positions just because there is a court ruling, that is why I am asking him to spend his opposition years in the law school, at least it will afford him the opportunity to appreciate basic court rulings," he added.

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The removal of heads of public corporations as a result of a change of government has been declared as unconstitutional by the Supreme Court.

In a unanimous decision, a seven-member panel of the court, presided over by the Chief Justice, Justice Sophia Akuffo, held that per Article 190 Clause 1(b) of the 1992 Constitution, public corporations were part of the Public Services of Ghana and, therefore, such persons were public service officers whose appointments were protected by the Constitution.

By this decision, the Supreme Court has repealed the section of the Presidential (Transition) Act 2012 (Act 845) which terminated the appointments of the Chief Executives or Director-generals of public corporations, statutory boards and authorities upon the assumption of office of a new President.

“To the extent that Section 14 of the Presidential (Transition) Act 2012 (Act 845) requires the chief executives or director-general (however described) of public boards or corporations to cease to hold office upon the assumption of office by a person elected as President of the Republic of Ghana, the same is hereby declared to be unconstitutional and void for being in contravention of articles 190 and 191 of the Constitution,” the court held.

The unanimous decision of the court was read by Justice Professor Nii Ashie Kotey, while the other members on the panel were Justices Jones Dotse, Sule Gbadegbe, Anthony A. Benin, Samuel K. Marful-Sau and Nene Amegatcher.

The case culminating in the Supreme Court’s judgment was initiated on January 4, 2017 by a legal practitioner, Mr Theophilus Donkor, who invoked the original jurisdiction of the court to interpret the 1992 Constitution.

Counsel for the plaintiff was Mr Godwin Edudzi Tamakloe.