Mr Martin Amidu, former Deputy Attorney-General and Deputy Minister of Justice on Monday a writ at the Supreme Court against President John Agyekum Kufuor for appointing three people as staff of the presidential office without consultation with the Council of State.
It said President Kufuor's appointments of Mr Jake Obetsebi-Lamptey as Chief of Staff, Ms Elizabeth Ohene as Presidential Adviser for Public Affairs and General Joshua Hamidu as National Security Adviser contradict Articles 58, 91) 190 and 295 and the Presidential Office Act, 1993 (Act 463). Also cited in the writ is the Attorney General.
In a writ Mr Amidu, who was NDC presidential running mate in election 2000, said the three people "cannot be appointed by the President as staff of the Presidential Office without consultation with the Council of State." He said: 'The conduct of President John Agyekum Kufuor in appointing (them) as staff of the presidential office without consultation with the Council of State is inconsistent with and in contravention of the letter and spirit of the constitution."
The former deputy Attorney-general said the conduct of the defendants is intentional and wilful as they know that President Kufuor has failed or refused to appoint a council of state as required by the constitution and cannot therefore consult it.
Mr Amidu said the conduct of the three appointees in holding themselves out and acting as officers or staff of the Office of President is inconsistent with and in contravention of the constitution. "By virtue of the conduct of the defendants, state resources are being misappropriated and misapplied by the defendants without any constitutional authority whatsoever.
"Accordingly, all acts undertaken by (the defendants) as officers or staff in the office of the president are inconsistent with and in contravention of the constitution, null, void and without effect whatsoever." Mr Amidu asked for perpetual injunction restraining President Kufuor from appointing the three defendants as staff without consulting the Council of State.
He is also asking for a perpetual injunction restraining the defendants from continuing to hold themselves out and acting as officers or staff of the office of the President.
