Caretaker Information Minister, Kojo Oppong Nkrumah, has tweeted portions of the law that makes the position of caretaker ministers legal.
A text accompanying a picture he posted read: “The Presidential Transition Act was passed in 2012. Section 14(5) is a new provision that empowers a new President to do new things that were previously illegal.”
His post weighs in on a debate triggered by Tamale South MP Haruna Iddrisu who said during a TV program on Monday that the appointment of caretaker ministers was an illegality citing a 1997 case between J. H. Mensah and the Attorney General.
The presidential transition act section 14(5) reads: “Before the assumption of office of the incoming minister, a person so appointed by the president shall be in charge of the relevant ministry but shall not take a decision involving a policy issue except in the Ministry of Justice where the Solicitor General shall be in charge of the ministry.”
The president’s temporal ministers are appointed in order to avoid gaps in the running of government machinery.
Former ministers who have been asked to act in ‘caretaker’ capacity include: Kojo Oppong Nkrumah, Alan Kyerematen, Ken Ofori-Atta, Dominic Nitiwul, Ambrose Dery, Albert Kan Dapaah, and Hajia Alima Mahama. Eugene Arhin is also to act as Director of Communications at the presidency.
The Presidential Transition Act was passed in 2012. Section 14(5) is a new provision that empowers a new President to do new things that were previously illegal. pic.twitter.com/6bkLmNBP46
— Kojo Oppong Nkrumah (@konkrumah) January 12, 2021