Professor Stephen Kwaku Asare
Professor Stephen Kwaku Asare, a Ghanaian lawyer based in the United States of America (USA), has called for an anti-Midnight Appointment Act that limits the power of the President to make appointments in the Public Service three months immediately before the next presidential elections and up to the end of his term.
In his view, this is a potential solution to all the last-minute appointments the current NDC government is making after losing elections.
He said, Article VII, Section 15 of the Constitution of the United States of America states clearly that: “two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety”.
Prof. Asare, who teaches forensic accounting, noted that midnight appointments are controversial, adding that such an appointment culminated in the famous US case titled ‘Marbury v Madison’.
However, the US Supreme Court ruled that the prohibition under Article VII, Section 15 of the Constitution against presidential appointments immediately before the next presidential elections and up to the end of the term of the President does not apply to vacancies in the Supreme Court.
He said in Australia, there are laws which say six months to the end of the term, a government cannot sign certain contracts and cannot commit the State to certain sums of money.
