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30.01.2009 Politics

Ace Ankomah: Appointment of IGP, CDS is unconstitutional

By myjoyonline

A legal practitioner, Ace Ankomah has described as "unconstitutional" the appointments of the new security capos albeit in an acting capacity.

President John Evans Atta Mills last week appointed Mrs Mills-Robertson as acting IGP; and Chief of Naval Staff, Rear Admiral A. R. S. Nunoo as acting Chief of Defence Staff.

According to articles 70, 195 and 201 of the constitution, appointments into such positions must be made in consultation with the Council of State and the Police Council- two key institutions which are yet to be constituted.

Failure by the president to consult these institutions renders his appointments unconstitutional, Mr. Ace Ankomah argued.

He told Joy News on Friday the ruling government must take immediate steps to correct the anomaly.

His assertions were however rebutted by press secretary to the president, Mahama Ayariga.

Even though he conceded the two institutions were yet to be constituted, he argued the president's appointment of the two in an acting capacity absolved him of any constitutional breaches.

However, Mr Ankomah insisted, acting or substantive, the President ought to have consulted those institutions before making those appointments.

He quoted section 12 of the Interpretation Act and Section 10 of the Police Service Act, both of which he said gave credence to the fact that the president still had to consult those institutions even if those appointments were in acting capacities.

He cautioned that a President can simply avoid the condition of consulting the Council of State by keeping the person in an acting position forever.

Story by Nathan Gadugah