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Fixing The Country: Open Letter To The President On Need To Address Pertinent National Issues To Ensure The Improvement Of The National Economy -Part 18

Feature Article Fixing The Country: Open Letter To The President On Need To Address Pertinent National Issues To Ensure The Improvement Of The National Economy -Part 18
AUG 27, 2022 LISTEN

Dear Mr President,

Mismanagement by past and the current administrations thus including your administration is the causes or the contributory factors to the economic crisis of this Country and if some issues as stated below are not addressed, the mismanagement of the economy may be the order of the day and this may continue to escalate the woes of our dear Country. The COVID-19 pandemic and the Russia-Ukraine War have only come to aggravate the situation and thus exposed the bad governance of this Country especially in the Fourth Republic by past and current administrations, occasioned among others by some of the provisions of the 1992 Constitution.

Before, I expatiate on the subject, pardon me to deviate by saying once again that the 1992 Constitution was not made in 1992 to satisfy the then Chairman of the Military regime of the PNDC, namely Flight Lieutenant JJ Rawlings as alleged by some citizens including the host of good evening Ghana. The 1992 Constitution was actually tailored using some of the previous Constitutions of 1960, 1969, the 1979 of Ghana and thus a hybrid of the Presidential system of the USA and the Parliamentary system of Government of the Great Britain. A careful or academic study of both the 1979 and the 1992 Constitution will reveal that most if not all of the content or the provisions of the 1992 constitution are photocopies of (words for words from) the 1979 Constitution with just a few variance or modifications including the numbering of the Articles. For instance, Article 57 in the 1992 Constitution is lifted from Article 44 in the 1979 constitution.

The wording of Article 70 in the 1992 constitution which is on Appointments by the President is the same as Article 57 of the 1979 Constitution. The wording of the provision of the Constitution on the Determination of the Emoluments of the President, Speaker and the Members of Parliament and other appointees as in Article 70 of the 1992 Constitution on Appointments holders is the same as at Article 58 of the 1979 Constitution. Ombudsman in the 1979 Constitution metamorphosed into Commission of Human Rights and Administration of Justice in the 1992 Constitution.

Both the Committee of the Constitutional Expert chaired by the Paramount Chief of Asokore Asante (Asokorehene) namely Dr SKB Asante which drafted the 1992 Constitution and the late Pi Roland Adiali Ayagitam, the First (who in 1992 was the Paramount Chief of Chiana or the Chiana Pio), who was the Chairman of the Constituent Assembly which deliberated on the draft of the 1992 Constitution and finally came out with the 1992 Constitution did not allow the PNDC to alter any of the main provisions of the 1992 Constitutions because they put a caveat of no alteration in their works other than amendment permissible by the Constituent Assembly and Parliament of the Fourth Republic respectively. So, to ensure the stability of the State, the late Justice Annan drew the attention of both the Chairman of the Committee of the Constitutional Expert and the Chairman of the Constituent Assembly to Article 217 of the 1979 Constitution on the Transitional Provisions.

The Article 217 of the 1979 Constitution on the Transitional Provisions, among other things indemnified the previous Military regimes of the NLC, NRC, SMC1, SMC2 and the AFRC and convinced them on the need for the insertion of the Transitional Provisions, as the last provision in the 1992 Constitution as Article 299 of the 1992 Constitution to indemnify all previous Military regimes, hence the addition of the military regime of the PNDC to the list of Military regimes as in section 15 of Article 217 of the 1979 Constitution to indemnify the members of the PNDC and appointees of the PNDC as well.

Some areas of the 1992 Constitution that need a second look for good development of Ghana.

  • Number of Ministers of States and Deputy Ministers
  • Unlike the 1979 Constitution that provided limitation on the number of Ministers of States to not more than 30 including cabinet Ministers and not more than 30 Deputy Ministers to be appointed by the President, the 1992 Constitution gave an open cheque to President . Human beings have the tendency to be greedy and to misbehave when granted open chance to do something, hence laws are meant to ensure sound actions by human beings. So it is unfortunate that the 1992 Constitution gave an open cheque for the appointment of Ministers of State and their deputies to a President to misbehave against the interest of the State. So, the citizenry need to deliberate on the number of Minsters of State and number of Deputy Ministers to guide a President, therefore you to trim your huge number of Ministers, Deputy Ministers and Staff Officers at the Presidency to a reasonable number and for the compliance by future Presidents of Ghana to save money for the production sector.

    So, as stated there is the need for the protection of the purse and save scarce resources especially funds for the production sector, so the urgent need to provide a ceiling on the appointment of Ministers, their Deputies and Staff Officers at the Presidency. Like what Section (3) of Article 65 of the 1979 Constitution which clearly stipulated that the total number of Ministers of State including those in the Cabinet shall not at any time exceed thirty.

    b. A redundant Vice President as in the 1992 Constitution and problematic Ministry of Finance

    As stated in my previous submission, the 1992 Constitution has made the Vice President as a redundant status. Per the 1992 Constitution, the VP is on Standby to act as President or take over as and when required. That is he or she is to wait and become a mere ceremonial President as in section (8) of Article 60 of the 1992 Constitution when the President is absent from Ghana or for any other reason unable to perform the functions of Office otherwise as in Section (6) of the 1992 Constitution to take over as substantive President when the President dies, resigns or is removed from Office.

    His redundancy status was further escalated when the 1992 Constitution was amended in 1996 especially amendment of the provisions of Article 201, Article 206 and Article 211 by Act 527 Constitutional (Amendment) Act 1996 which disrobed the duties of the Vice President, thus further made the status of the VP more redundant.

    Sir, the cacophonous notion that the Vice President is the Head or Chairman of the Economy Management Team is unconstitutional and false. It demo the clear lack of understanding of Article 86 and 87 of the 1992 Constitution. So, If it that status or nomenclature existed before and exist currently then it was and is just a Tea Party (a waste to the national economy) and should not be entertained at all if you are to protect the purse, Sir, because as stated it is unconstitutional. This means the VP and the phony Economy Management Team allegedly headed by the Vice President have usurped the powers of the Chairman of the National Development Planning Commission (NDPC) and the functions of the National Development Planning Commission as provided in Article 86 and Article 87 of the 1992 Constitution respectively. It is unfortunate that the NDPC, a Constitutional mandated body for Economy Planning to ensure the growth/improvement of the economy has also been made redundant or almost useless by all the Administrations of the Fourth Republic thus including your Regime. This may be so due to the bad provisions of Articles 86 and 87 of the 1992 Constitution.

    Mr President as you aware, the Economy of a Country is managed by the President. So he appoints the Governor of the Central Bank to deal with the Monetary Policies and the Ministry of Finance and ECONOMY PLANNING to deal with the Fiscal Policies. Mr President as you are also aware, Finance among others, deals with the provision and spending of funds and Economics is a social science that focuses on economic decision for the production, distribution, and consumption of goods and services, as well as the analyzes of the choices that individuals make or made due to scare resources, hence recommendation of the prioritization of the nation’s or individual’s needs through the application of the concept of opportunity cost (the loss of other alternatives when one alternative is chosen or represent the potential benefits that an individual, investor, or business misses out on when choosing one alternative over another). Hence, through good economy planning a Country through the Minister for Economy Planning and Finance prioritizes her expenditures to ensure improvement of the economic fundamentals of the Country especially growth of GDP, including through increasing of export or the application of import substitution policy to ensure local production of needs and for export produces for generating more foreign currencies for a very good currency exchange rate.

    Economy Planning is therefore the process by which principal economic decisions are made especially on the allocation of national budget and the implementation of good policies like import substitution to influence the economy by central governments. This contrasts with the laissez-faire (leave to God or autopilot) approach as in the Fourth Republic occasioned by the bad provision at Article 86 of the 1992 Constitution which ceded the Economy Planning segment of the Ministry for managing the economics of the Country to a seemingly non performing NDPC due to actions of Minister of Finance not required or failed to work with the NDPC. Hence, our current woes or economic crisis is due to how the economy is ran by the Whims and Caprices of one person who is responsible for a Ministry of Finance and not responsible for the Ministry of Economy Planning and Finance, so as to do a very good job through the support of economists in the Ministry of Economy Planning and Finance.

    Sir, before the coming into force of the 1992 Constitution, Ghana actually had the Ministry of Economy Planning and Finance. Unfortunately, the 1992 Constitution ceded the Economy Planning and functions of making key economic decisions to the National Development Planning Commission as provided in Article 86 and Article 87 of 1992 Constitution respectively. Hence, constitutionally, the NDPC is the Economic Management Team and not the fake or nonexistence Economic Management Team allegedly headed by the VP. Unlike the 1979 Constitution which as in section (2) of Article 73 of the 1979 Constitution which made the Vice President as the Chairman of the NDPC, the 1992 Constitution disrobed the VP as the Chairperson. In a weird manner, the 1992 Constitution made the Governor of the Central Bank for monetary policy, the Finance Minister for the fiscal policy, the Government Statistician and others as members of the NDPC which is chaired by a person appointed by the President with consultation of the Council of State. This is a very big problem in governance. Either we go by the provisions in Article 73 of the 1979 Constitution with slight variation or abolished the seemingly redundant NDPC because its work is not binding with successive administrations particularly when a different President with a different ideology political ideology takes over as what happened the vision 2020 was jettison by the President Kofour Administration when President Kofour took over from the NDC administration of the late Papa J.

    Hence no consistent and coherent national policy say allocation of 10% budget expenditure for the transformation and modernization of the economy especially the Agricultural sector so as to improve the economic fundamentals of the economy. The hence, the woes of Ghana casual effect of mismanagement.

    But as you are fully aware, the Economy of Ghana before your Administration was ran by the whims and caprices of the Minister for Finance and this is so currently in your Administration. The running of the economy was done most of the time, without inputs from the problematic NDPC (or Economy planning section of the Country as mandated by the Constitution) hence no consistent and coherent n national policy. Sir, the White paper by the Mills or Mahama’s administration on the work of the Constitutional Review Commission speaks volume of the uselessness of the NDPC as provided by the 1992 Constitution, when it said that the planning work of the NDPC should not be rolled up or binding on successive or subsequent regimes. I also agree with the White paper due to different political ideologies but an area like Agricultural Sector must have a consistent and coherent national policy for the Country to improve and sustain a good economic fundamentals. So, it is a fact that none of the Vice Presidents from the late Vice President Ekow Arkaah to his Excellency Vice President Dr Bawumia were and is utilized in the Fourth Republic for the running of the economy. It should be noted that the NDPC is normally headed by an astute economist currently Dr Kodjo Esseim Mensah-Abrampa.

    Mr President, the late Vice President Ekow Arkaah, the first VP of Ghana never in his life chaired the Economic Management Team of Ghana. Even the Constitutional duties for a VP as stated above were even taken away from him in 1996 by Act 527 of 1996. Also one may right to say that from 2009 to the time of the death of President Mills, the then Vice President John Mahama, as VP never chaired the Economic Management Team of Ghana with Hon Dr Duffour as Minister of Finance. Like Vice President Ekow Arkaah, he was seriously sidelined during the late President Mills era, as reported in a book by Mr Manasseh that due to the frustration in the late President Mills Administration, the then VP attempted to resign but thanks to our dear mother Her Excellency Lady Lordina Mahama made him to rescind the decision to resign as VP you may wish for authentication of this allegation so Google for Vice President John Mahama wrote his resignation before Mills died – Manasseh’s Book reveals.

    Furthermore, we were told that the late Ex-Vice President Dr Amissah Arthur (who was an economic guru) was also sidelined during the era of His Excellency ex-President JD Mahama.

    Sidelining of the VP is a disease in our Political Dispensations. So, the issue of the VP as head of the Economy Management Team was/is out of the equation. The story was told of how a mere staff officer in the administration of his Excellency ex-President JD Mahama ordered a constitutionally elected Vice President in a middle of a seminar in Nigeria to return the Presidential aircraft to the Airforce Base Accra without fail, which the then VP obliged and stopped his participation of the Seminar and returned the Aircraft. Google for Amissah-Arthur Must Take Responsibility for His Own Mistreatment, Dead or Alive.

    This speaks volume about the state of affairs in the Presidency in the Fourth Republic.

    Mr President, to those who have clear understanding of issues will acknowledge that His Excellency Vice President Dr Bawumia, an economic guru is somehow sidelined in your Administration with the appointment of a Senior Minister in your Administration and other reasons. Thanks to God, for the wise up of His Excellency Vice President Dr Bawumia for concentrating on the digitization and digitalization agenda. His statement that the Ghana Card is better than interchanges speaks that he has a very good knowledge in Economics or Opportunity Cost concept. Those with poor knowledge in economics also need to appreciate that free SHS (movable human capital) is better than thousand interchanges (fixed or stationary capital item). Go to Ukraine and see the destructions of infrastructure, so some people had to relocate with their ID Cards and Certificates to America or in other Countries leaving their expensive homes behind for livelihood elsewhere. So Mr President thank you very much for the free SHS.

    Mr President, a Senior Minister is first among equal Ministers (primus inter pares) hence a Senior Minister is secretly or in a disguise a Prime Minister and hence the Office of the Senior Minister is in rivalry with the Office of the Vice President. We have also been told that the Minority Leader (Hon Harunah Iddrissu) in the Eighth Parliament of the Fourth Republic had to bemoan the very low budget of less than GHC24Million allocated by the Minister for Finance to Office of the Vice President but allocated over GHC40M to the Office of the Chief of Staff in 2021 the national budget. Google for Meager budgetary allocation for Bawumia’s offices shocks Harunah suspects sabotage in MyNewsGH dated 19 December 2021

    So one can comfortably say that the views of His Excellency Vice President Dr Bawumia are not bought in the running of the Economy of Ghana. Example, he talked of production to help in the improvement of the economic fundamentals of this Country but this was not pursued by the Minister for Finance by allocating more budgetary support say 10% of the national budget as agreed by Heads of States of the African Union including President JA Kofour in 2003 Maputo accord or declaration for the transformation and modernization of the Agricultural Sector of the economy. Also, His Excellency VP Dr Bawumia earlier on disclosed in Peace FM that no need to tax MoMo transaction but by the whims and caprices of the Minister Finance, he ignored this sound advice and put a levy on MoMo transaction as part of E-levy. Hence it resulted in the bad grading of the economics status of Ghana thus escalating our current woes, so your option for the IMF to bail out the Country is expected. You demo that the buck stops with the President.

    As the saying goes the buck stop with the President, so you should be blamed for any repeat any mismanagement in your administration hence subjecting the academic stature of the very brilliant His Excellency VP Dr Bawumia to insult is disingenuous and tells the incompetency and dishonesty of the affected callers. Thanks to God that His Ex-President Mahama is not one of them.

    His Ex-President Mahama owns a duty to Ghanaians as the most experienced Statesman (ex-MP, ex-Minister, ex-VP, and ex-President) to help the Citizenry to appreciate things for the corrections of the wrongs by answering the following questions. (Q1). Has he ever chaired an Economic Management Team with Hon Dr Kwabena Duffour then Finance Minister, who was noted for lowering the inflation to single figure (digit) in the late President Mills Administration? (2). So, between him and Dr Duffour, who lowered inflation from double figures to a single digit should the NDC consider as the better Presidential candidate? (Q3) Also between Dr Kwabena Duffour, who lowered the inflation from a double figures to a single digit and any person (including Ex-President Mahama and Dr Bawumia), in Ghana with experience in Governmental affairs should Ghanaians consider to be our next President? (Q4) He (Ex-President Mahama), if he really helped in the management of the Economics of Ghana with his alleged status as the Chairman of the Economy Management Team when Hon Dr Duffour was the Finance Minister in the late President Mills era, should explain to Ghanaians why he rather opted for a non-economist in the person of Professor Naana Opoku Agyemang as his choice for the post of VP in the 2016 Presidential Election instead of Dr Duffour or any other economist as the VP candidate for the Presidential election in 2016?.

    The answers are that the 1992 Constitution provided the NDPC as the Economic Management Team and no Constitutional provision or a legal requirement for the VP to be Chairperson for the Economic Management Team unlike what is provided in section (2) of Article 73 of the 1979 Constitution which made the Vice President as the Chairman of the National Development Planning of Commission (NDPC). But an experience Presidential candidate or persons who is interested in seeing the development of his Country may prefer a candidate who has a good economic background or can pull a lot of votes.

    Mr President, we need to be very honest and serious and place the interest of Ghana first. The Constitutional experts led by Dr SKB Asante, the Paramount Chief of Asokore Asante who drafted the 1992 Constitution actually recommended a President and a Prime Minister with no Vice President or a fixed Deputy Prime Minister (that is as and when needed, the Prime Minister can only nominate a member of his cabinet to seat for him if not able to perform his function). I am of the view that with a President and a Prime Minister with no Vice President may mean that the President will be the Commander-in-Chief of the Armed Forces, Head of State, Head of National Executive thus endorsing the appointments of the Chief Justice, Chairman of the EC, etc, the CDS, IGP, Security Services Commanders or Chiefs as provided by the Constitution and above all appointing or confirming the leader of the Majority Leader in Parliament as the Prime Minister to form a government. Hence, with that system as proposed by Dr SKB Asante and his Committee, the Prime Minister and not the President is the Head of Government of the day to day government of the Country. The President remains at post till the end of his tenure office as provided in the Constitution but the Prime Minister can be removed during his tour of duty which may be coterminous with the President when he is not performing very well.

    Hence, the citizenry needs to deliberate on the replacement of the current redundant situation of the Vice President. Recommended we either opt for a President and a Prime Minster (PM) so that PM can easily be removed during his tenure office for non-performance as stated or an Executive President and no fixed Vice President but he or she or the cabinet can designate one of the members of the Cabinet to act as President when the President is not able to perform his function.

    c.. Ministry of Finance and National Development of Commission (NDPC)

    The efficient or the sound Management of the economics of a Country is shared between the Central Bank responsible for the Monetary Policies and the Ministry of Finance and Economy Planning and related institutions for the fiscal policy. Previous regimes before the Fourth Republic of Ghana had the Ministry of Finance and Economy Planning and the Bank of Ghana sharing the management of the economy through the implementations of the Fiscal and Monetary Policies respectively for the efficient planning and management of the economy. To ensure the better management of the economy, Section (2) of Article 73 of the 1979 Constitution gave the Vice President the role of helping to manage the economy of the Third Republic. (2) The Commission shall consist of (a) the Vice-President, who shall be chairman; (b) such number of Ministers of State as the President may appoint; (c) the Government Statistician; (d) one representative each from each Region of Ghana appointed by the Regional Councils Such other persons as may be appointed by the President having regard to their knowledge and experience of the relevant areas of economic or social planning.

    Section 3 of Article 73 of the 1979 Constitution, the NDPC (or the Commission) shall advise the President on planning and developmental policy and strategy and shall ensure that the planning and development strategy of the President is effectively carried out. The Commission shall, at the request of the President or Parliament or on its own initiative, study and make- (a) recommendations on the contribution of agriculture, industry and science and technology in general to the national development and make proposals designed to reinforce the essential role of agriculture in the national economy; and (b) proposals for ensuring the even development of the Regions of Ghana by the effective utilization of available resources. (5) The National Development Commission shall be responsible to the President.

    Mr President, unfortunately the NDPC is in chapter eight which is the entrenched chapter, so Article 86 and 87 of the 1992 Constitution can only be amended by a referendum. So you need to take action for the amendment of these two bad provisions in the 1992 Constitution. You may combine these with other entrenched articles of the 1992 Constitution including the one for the election of DCEs for one referendum to reduce cost.

    BY MAJOR MOHAMMED BOGOBIRI (RTD)

    KUMASI

    0501387764

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