WHAT IS THE RELEVANCE OF THIS LONG ARTICLE? DISCUSS SOMETHING BETTER NEXT TIME. HE IS SUFFERING FROM YOUR MOTHERNASIA, NONSENSE.
WHAT IS THE RELEVANCE OF THIS LONG ARTICLE? DISCUSS SOMETHING BETTER NEXT TIME. HE IS SUFFERING FROM YOUR MOTHERNASIA, NONSENSE.
Kojo T 9 years ago
This NPP always causes confusion Let us be wary of them especially a desperado like Nana Addo
This NPP always causes confusion Let us be wary of them especially a desperado like Nana Addo
Nana Ansah 9 years ago
Brofo ye oh brofo! These Mate Mehu kokoase krakyes have always thought they can high-jack the constitutional law and interprete it as they like it but as always failed when it reaches the supreme court.
Akufo Addo, if you ... read full comment
Brofo ye oh brofo! These Mate Mehu kokoase krakyes have always thought they can high-jack the constitutional law and interprete it as they like it but as always failed when it reaches the supreme court.
Akufo Addo, if you don't like the constitution as it is you can lump it. Yes we need constitutional amendments here and there but not to serve one man's ambition. We discerning Ghanaians cannot taylor the constitution to suit NPP knaves whims and caprices. As always the Mate Mehu crooks will want things at their own sweet will but in real life it is not like that. No constitution is perfect and it will demand our collective sincere and honest approach to find a rapprochement.
Honesty is the first chapter of the book wisdom.” ? Thomas Jefferson
The president of Ghana has the leverage not the Council of State so if you don't like the constitution Akufo Addo and cohorts; I wish you a nice day but in hell. My advice to Mahama is; he can go with the flow if it Comes to fashion but in matters of principles he must stand like a rock. JM must be steadfast and not give in to distraction from UP/NPP perennial attention seekers. Their methods and tricks are old hat.
Kwasi Asante , Providence, R.I. 9 years ago
Barima Kofi Ata,
I am not a qualified Lawyer just as you indicated yourself that you are not a qualified lawyer. But all that is most concerned to me and I believe most Ghanaians who have true love for mother Ghana is for Pr ... read full comment
Barima Kofi Ata,
I am not a qualified Lawyer just as you indicated yourself that you are not a qualified lawyer. But all that is most concerned to me and I believe most Ghanaians who have true love for mother Ghana is for President Mahama to appoint the next Electoral Commissioner who is a man of principal for the job; rather than a man who just sings tunes that would make his master taps on. If the next EC is not a man of principal and biased, I promise you that Ghana could one day be thrown into a political mess than could cost human lives.
Fifty Eight years of independence should not be thrown in the trash. President Mahama must appoint a man who is tested and able to work for the benefit of mother Ghana.
Jojo Hammond, New Jersey 9 years ago
Opanin Kwasi Asante, was that Nana's point? Nana and his Party, have believed that they lost the last two elections (2008 and 2012) because of one man. All this noise coming from NPP members and sympathizers is because of th ... read full comment
Opanin Kwasi Asante, was that Nana's point? Nana and his Party, have believed that they lost the last two elections (2008 and 2012) because of one man. All this noise coming from NPP members and sympathizers is because of this singular belief. Of course, the soon to be EC Chairman was the same man who declared the NPP victorious in 2000 and 2004. So what we have here is a deliberate, conscious and calculated attempt to cow the sitting President to do what pleases the NPP and its supporters/sympathizers instead of what is clearly spelt out in the constitution, the same "sacred document" the formed the basis of such appointments by the previous 3 presidents of the 4th Republic.
Kofi's piece is just to restate what the constitution says and, on the basis of which, such appointments have been made in the past.
Mr. Asante and your ilk, please take note: The president will appoint whoever he deems fits, going by the process prescribed by the constitution, and Ghana will not be any worse of.
Ghanaians spoke in December 2012 and elected JDM as the President. The Supreme court affirmed him as the duly elected President of Ghana. So long as he acts within the constitution, there is little these
noise makers can do except to "waste our ears", as some of my UCC friends used to say on CAMPUS.
YAW 9 years ago
Exactly, "you tell em". I thought you have emigrated to outer-Mongolia. Hahaha.
Exactly, "you tell em". I thought you have emigrated to outer-Mongolia. Hahaha.
Jojo Hammond, New Jersey 9 years ago
The apple does not fall far from the tree, Wofa. It runs in the family I guess. I am hanging in here. Thanks for checking in on your nephew.
The apple does not fall far from the tree, Wofa. It runs in the family I guess. I am hanging in here. Thanks for checking in on your nephew.
TUSEY 9 years ago
Mr Asante, you are hundred percent right. I like the way you said it. To majority of us, we will not understand what the law says. Yes, the president is demanded to do the right thing by going according to what the constituti ... read full comment
Mr Asante, you are hundred percent right. I like the way you said it. To majority of us, we will not understand what the law says. Yes, the president is demanded to do the right thing by going according to what the constitution demands of him. But it looks as if certain people, for their selfish interest, want the law to be twisted in their favour. Honestly speaking, it is the NPP and Akufo Addo who are trying to make a mole out of ant hill. Is this the first time a sitting president is going to make such appoitment? Where was Akufo Addo when Kufour was doing the same thing? Akufo Addo is doing everything òssible to cause confusion in this country.He will not succeed. Yes, this man, has no respect for the president and Ghanaians as a whole.This is the problem Mr Asante. The president will go ahead and do what he is expected to do. Elections are won through the ballot box and not by the EC. That is what those who are making such ugly noise should know. Why is the Npp always trying to tell Ghanaians that this country is for them alone?
Joe Boye 9 years ago
The words, “in consultation with” are stronger than “on the advice of”
Is this what they are teaching you at Cambridge?
The words, “in consultation with” are stronger than “on the advice of”
Is this what they are teaching you at Cambridge?
Abongo 9 years ago
Akufo-Addo, where is our Dri Ship?
Akufo-Addo, where is our Dri Ship?
Abongo 9 years ago
Oh yes he is
Oh yes he is
Rogue Lawyer 9 years ago
Kofi never try to describe Akuffu Addo as an Astute lawyer , he had never be and will never be until he proof how he became a lawyer in Ghana.
Akuffu Addo is talking out of pains, he hate justice Atuguba, and dr Kwadwo Afar ... read full comment
Kofi never try to describe Akuffu Addo as an Astute lawyer , he had never be and will never be until he proof how he became a lawyer in Ghana.
Akuffu Addo is talking out of pains, he hate justice Atuguba, and dr Kwadwo Afari gyan because they refused his bribe to make him a backdoor president against the will of ghanaians.
do you think if such a Person by mistake become president of Kwame nkruma Ghana he will do the right Thing? your gues is correct for big NO:
he want to always pay for his ways through the backdoor.
CONCERNED GHANAIAN 9 years ago
Until he proves NOT until he proof
He had never been NOT he has never be
He want to always pay for his ways????
Until he proves NOT until he proof
He had never been NOT he has never be
He want to always pay for his ways????
Rogue Lawyer 9 years ago
HOW MANY WORDS HAVE YOU WRITTEN HERE and how many words does it take you to mention his classmates, and the law School, that gave him the lost certificate?
These are some of the ways i can get a sycophantic fool like you, ... read full comment
HOW MANY WORDS HAVE YOU WRITTEN HERE and how many words does it take you to mention his classmates, and the law School, that gave him the lost certificate?
These are some of the ways i can get a sycophantic fool like you, to tell Aluffu Addo that most Ghanaians are still wating for the lost classmate, & the cert.
SARPONG 9 years ago
You are an illiterate idiot and have no idea how you can become a lawyer or Barrister in England. You want the law school he attended?
He obtained his law degree or qualification to practice law from the Lincoln Inn, one o ... read full comment
You are an illiterate idiot and have no idea how you can become a lawyer or Barrister in England. You want the law school he attended?
He obtained his law degree or qualification to practice law from the Lincoln Inn, one of the three Inns in London charged to train lawyers during the time Nana Akuffo obtained his law certificate.
nzo ekangaki 9 years ago
Where was Nana Akuffo-Addo when the 1992 Constitution was being drawn?He and his ilks n cronies mischieviously boycotted it.Sure,chickens have come home to roost....
Where was Nana Akuffo-Addo when the 1992 Constitution was being drawn?He and his ilks n cronies mischieviously boycotted it.Sure,chickens have come home to roost....
Amponsah 9 years ago
Nice piece. The true is that, this old man, Akufo Addo, knows very well that there is no way he can will the next elections,hence his preparation to cause confusion. I will also not rule out his ignorant about the understandi ... read full comment
Nice piece. The true is that, this old man, Akufo Addo, knows very well that there is no way he can will the next elections,hence his preparation to cause confusion. I will also not rule out his ignorant about the understanding and interpretations of the clause on this issue.Here is a man who could not write his clossing address during his practices.Here is a man who could not prefer a simple charge against the Great Tsatsu. Kufour, being a clever politician, had to boot him out of there So, it could be that, either he is being mischief or he is completely ignorant. Remember that this is a man without a law certificate.But the fact is, the good president of this nation,Mahama, will go ahead and do what is demanded of him and Akufo Addo and his thugs can not do foko. I will continue to say that, his behaviour and postures has already shown how dangerous a president he would be.Should Ghanaians make such mistakes? No. We leave to see. Holding himself as if he is the president.Disrespect and arrogant.Who needs this good for nothing smelling denture old man for president?
Yaw Ohemeng 9 years ago
Whenever my ‘friend’ Kofi Atta becomes obsessed with Akufo Addo, you know it’s very close to elections in Ghana. This is the second time in a row that he is titling an article with Akufo Addo’s name. As he rightly sai ... read full comment
Whenever my ‘friend’ Kofi Atta becomes obsessed with Akufo Addo, you know it’s very close to elections in Ghana. This is the second time in a row that he is titling an article with Akufo Addo’s name. As he rightly said in the article, other commentators (including experts in constitutional law such as Prof. Kwasi Prempeh) have interpreted the said article in the same way as Akufo Addo has. Why not title an article in a manner that will suggest that there are two schools of thought on this matter and that he is plumbing for the other side contrary to that of Akufo Addo and others?
It is preposterous that a non-lawyer will seek to speak so authoritatively on a constitutional matter banishing the stance of professional lawyers. He had even the effrontery to call professional lawyers confused, whilst matters seem clear to him, a non-lawyer. The lack of humility in this Kofi Atta’s stance is baffling for a non-expert that he is.
A constitution is a document framed to guide present and future actions. That is why it is at times called a ‘living’ document. If present circumstances suggest non-satisfaction of how things have been done in the past, constitutional provisions can be interpreted in the light of current events. We just have had an election petition, which exposed a lot of shortcomings in how we conduct elections. Recent court cases have also shown that a lot of the EC’s intransigence can be traced to its outgoing Chairman. This suggests that the Chairman has a lot of influence on the workings of the Commission and that obtaining broad acceptance of that appointee would be conducive to how elections are organised in Ghana. We do not want anymore an EC that is funded by public money, refusing to hand over election records to a Court. We do not anymore want an EC that delineates constituencies without recourse to the constitution. In fact it is in the EC’s own best interest for its Chairman to receive broad acceptance and enjoy broad support to rescue its own flagging reputation. This is the context in which various groups are calling for broad consultations.
Kofi referred to previous appointments and then straightaway shot himself in the foot. How democratic was Ghana when Afari-Gyan was appointed in 1993 compared to now? Can he explain the change in language of the constitution for all the other appointments besides that of the EC commissioners from ‘in consultation with’ to ‘shall, acting on the advice of’? Were the framers of the constitution engaging in mere semantics or were they expressing different appointment procedures? Those who have commented that the President’s role in this particular appointment is just formal (i.e. just confirming the appointment of the person whose name is submitted by the Council of State), see a difference in procedures. What says Kofi Atta to defend the contrary view, apart from using precedence and doubling back on himself?
I am afraid, Kofi, this is a stray too far for you, no matter how well-intentioned your foray is. This is a territory you have to cede to the lawyers. It is nowhere acceptable that one football team is allowed to appoint a referee for a match it is competing in. This alone sways me that it was meant for another body (a neutral one) to name the appointee for the president to do the appointing. In the case of Supreme Court Justices, the Judicial Council does the nomination, and the President appoints. I am not even sure why you brought this one in to buttress your stance. It rather undermines it.
FAROUQ 9 years ago
You don't need to be a lawyer to understand this simple clause my friend. Everything Kofi said is right to the point.Where has he gone wrong? That he is not a lawyer? I wonder what you would say, if it is your illiterate Baak ... read full comment
You don't need to be a lawyer to understand this simple clause my friend. Everything Kofi said is right to the point.Where has he gone wrong? That he is not a lawyer? I wonder what you would say, if it is your illiterate Baaku who wrote this. You see how hypocrite you people are. If an accomplished illiterate like Baaku could talk about issues of legality and the npp would support it ,and would not see the sense in this article, then your brians are made of cotton. No amount of your intimidations would prevent the president of doing what is demanded of him. Elections are won through the ballot box and not through the EC. Where were you peple when Kufour did the same thing? Who is Akufo Addo? Perhaps he did not understand what the clause has said.After all he is a fake lawyer without certificate.Kofi well done for teaching this Akuifo Addo and his thugs what they did not know.
Kofi Ata, Cambridge, UK 9 years ago
Yaw Ohemeng nice to read your contribution. First, let me say that the fact that I am not a qualified lawyer does not mean that I am naive in law. I have studied different areas of law both in academia and practical training ... read full comment
Yaw Ohemeng nice to read your contribution. First, let me say that the fact that I am not a qualified lawyer does not mean that I am naive in law. I have studied different areas of law both in academia and practical training as part of my work. I have also been trained by senior Attorneys (QC) and senior judges on how to interpret and apply legislation, constitution, international law/conventions and have been an Employment Casework up to the level of presenting claims at Employment Tribunals as well as served as a member of Employment Tribunals. I therefore have at least, as good understanding of law as those I criticised in the article and equally qualified to argue with them on matters of law as I argued with Professors of Law when pursuing postgraduate studies in International Humanitarian Law.
Again, this is not the first time I have written on the interpretation and application of constitutional and leal matters in Ghana. In fact, my very first article on Ghanaweb was on constitutional or legislative matters, regarding the Ghana@50 trial.
You create the impression that because I am not a professor, I should let the professors speak and interpret the constitution. I differ with you because the law is not in the bosom of professors of law.
I do agree with you that there are two sides of the argument but I am confident that my view is the accurate one, which they and you have the right to disagree.
If you question the processes for appointing Dr Afari-Gyan as undemocratic what about the period when Nana Akufo-Addo was in government and President Kufuor made Articles 70(2) and 144(2) appointments?
Yes, it has been reported that the President has asked the Council of State to advice him on certain candidates or a search committee of the Council of State have recommended a candidate or some candidates. From the gist of the report, it appears to me that the President is actually leading rather being ordered to appoint a named person given to him by the Council of State as suggested by Akufo-Addo and co. In fact, Nana Akufo-Addo got the interpretation of Article 70(2) from either Prof Kwaku Asare or Prof Prempeh. Indeed, it was Prof Kwaku Asare who first gave this interpretation of Article 70(2). Thereafter, one lawyer Bretuo latched on it and it became well known among NPP circle in Ghana.
Regarding the title of the article, it refers to Akufo-Addo's claim that this was the first time Article 70(2) appointment was being made under the 1992 Constitution. That was a big lie as I demonstrated in the article with examples by all the prsidents since 1992. Perhaps, he and the NPP Communications Directorate forgot.
Regarding the appointment of other Supreme Court Justices, if you disagree with me, check Article 144(2) for yourself. The processes are in three stages. "On the advice of the Judicial Council, in consultation with Council of Sate and the approval of Parliament.
I used the first stage of "on the advice of" which is the same as Article 70(2) as a comparison. Do you now get the relevance?
I am glad the majority view by readers support my views.
kwadwo Kusi 8 years ago
I agree with Kofi's interpretation regarding article 70(2). What people should understand is that, the electoral commissioners is on the same footing as an appeal court judge. Hence the "on the advice of" from the council of ... read full comment
I agree with Kofi's interpretation regarding article 70(2). What people should understand is that, the electoral commissioners is on the same footing as an appeal court judge. Hence the "on the advice of" from the council of state....whereas appointments to the supreme court has a more rigid process...reason being that in terms of presidential succession -the chief justice ranks as the 4th prominent person in Ghana. Any appoint to the supreme court demands more in terms of vetting as any of the justices of the supreme court could become a future chief justice and assume executive powers in line with presidential succession. people should understand that the president has prerogative to act or not act on the advice of the council of state under article 70(2). Whereas the same is not true under 114
ixos 9 years ago
Denizen of Cambridge, do you understand the law at all? The Constitution INTENDED that the President should only appoint a person approved by the Council of State. If that was not the interpretation to be put on the Clause, t ... read full comment
Denizen of Cambridge, do you understand the law at all? The Constitution INTENDED that the President should only appoint a person approved by the Council of State. If that was not the interpretation to be put on the Clause, then why would it have been inserted? You think the writers of the Constitution merely wanted to waste paper?
Nana Akyea Mensah, The Odikro. 9 years ago
OFFICE OF THE ODIKRO
a companion of the black star!
HI IXOS, YOU ARE WRONG!
Mr. Kofi Ata's article is a masterpiece! Brilliant! The role of the Council of State is an advisory one. It is not mandatory!
Kofi is ri ... read full comment
OFFICE OF THE ODIKRO
a companion of the black star!
HI IXOS, YOU ARE WRONG!
Mr. Kofi Ata's article is a masterpiece! Brilliant! The role of the Council of State is an advisory one. It is not mandatory!
Kofi is right! either Nana Akufo-Addo is being mischievous, or he is suffering from senile debility! This might be due to old age and political troubles.
Forward Ever! Backwards Never!!!
Pur'gu Saarpe!!! Esq.,
Secretary to The Odikro.
NB: Please, cross-check on Twitter to verify authenticity of our posts!
All genuine comments tweeted!
Give me a follow on Twitter:
/twitter.com/TheOdikro
SARPONG 9 years ago
What do you mean by the role of council of state is advisory one and not mandatory? Do you know the meaning of mandatory?
The constitution charges the President to appoint the Electoral Commissioner in consultation with t ... read full comment
What do you mean by the role of council of state is advisory one and not mandatory? Do you know the meaning of mandatory?
The constitution charges the President to appoint the Electoral Commissioner in consultation with the Council of state so the role of the Council of state is mandatory.
Don't talk about issues you have no clue about.
Nana Akyea Mensah, The Odikro. 9 years ago
OFFICE OF THE ODIKRO
a companion of the black star!
Hi Sarpong,
You wrote:
"The constitution charges the President to appoint the Electoral Commissioner in consultation with the Council of state so the role of the Co ... read full comment
OFFICE OF THE ODIKRO
a companion of the black star!
Hi Sarpong,
You wrote:
"The constitution charges the President to appoint the Electoral Commissioner in consultation with the Council of state so the role of the Council of state is mandatory."
This is wrong. There is nothing like the President appointing "Electoral Commissioner in consultation with the Council of state"!
This is what the constitution says:
Article 70(2) of the 1992Constition provides that, “the President shall, acting on the advice of the Council of State, appoint the Chairman, Deputy Chairmen, and other members of the Electoral Commission”.
"Advice" is different from "orders". If you don't know, humble thyself and learn!
Forward Ever! Backwards Never!!!
Pur'gu Saarpe!!! Esq.,
Secretary to The Odikro.
NB: Please, cross-check on Twitter to verify authenticity of our posts!
All genuine comments tweeted!
Give me a follow on Twitter:
/twitter.com/TheOdikro
BOY KOFI 9 years ago
The same President appionts the Members of Council of States so what makes the difference?Thank you.
The same President appionts the Members of Council of States so what makes the difference?Thank you.
SARPONG 9 years ago
I thought you did English in college. Read this;
"the President shall, acting on the Advice of the Council of state"
The important word in that quote is shall and not advice. Find the meaning of SHALL before you open yo ... read full comment
I thought you did English in college. Read this;
"the President shall, acting on the Advice of the Council of state"
The important word in that quote is shall and not advice. Find the meaning of SHALL before you open your mouth wide.
The sentence, "the President shall" makes it mandatory that the President should consult the Council of state before appointing the EC though the final choice might be for the President to make but he is charged to consult the Council of state, it is mandatory that he consults the Council of state so you saying it is not mandatory that the President is not obligated to consult the council of state is a lie, it is MANDATORY on the President to consult the Council of state.
SARPONG 9 years ago
SHALL, when used in law expresses what is mandatory. READ 2B below.
YOU ARE THE ENGLISH MAJOR AND SHOULD NOT LET ME TEACH YOU THE MEANING OF 'SHALL'
Webster's
Full Definition of SHALL
verbal auxiliary
1
ar ... read full comment
SHALL, when used in law expresses what is mandatory. READ 2B below.
YOU ARE THE ENGLISH MAJOR AND SHOULD NOT LET ME TEACH YOU THE MEANING OF 'SHALL'
Webster's
Full Definition of SHALL
verbal auxiliary
1
archaic
a : will have to : must
b : will be able to : can
2
a —used to express a command or exhortation
b —used in laws, regulations, or directives to express what is mandatory
3
a —used to express what is inevitable or seems likely to happen in the future
Tom 9 years ago
Nana Akyea, I am surprise you fail to realize the important word in your quotation is "shall" and not "advice"
Nana Akyea, I am surprise you fail to realize the important word in your quotation is "shall" and not "advice"
G. K. Berko 9 years ago
To Sarpong and Tom, in particular:-
Why is 'shall' and not 'advice' the more important of the two? When a law is enacted, there is a certain intent that is conveyed along with it. 'Shall' alone does not convey that inten ... read full comment
To Sarpong and Tom, in particular:-
Why is 'shall' and not 'advice' the more important of the two? When a law is enacted, there is a certain intent that is conveyed along with it. 'Shall' alone does not convey that intent.
The overall interpretation of this particular section does not preponderantly rest on 'Shall'. The 'Shall' presupposes an instruction to consult with the Council of State. But it does not impose any legal obligation on the President to strictly abide by the 'advice' of the Council of State.
If the President fails to consult with the Council of State, then, that could be seen as legally wrong, referring to what the 'Shall' required.
But the 'advice' carries the exact action that the President is supposed to take. An 'advice' is not an imposition of obligation. Period. So, the President could go to the Council of State which may choose not to mention any names at all as to whom the President ought to choose for the EC slot. The Council might only offer some guideline for choosing an eligible person for that position. The President could then have a field day to choose any he considers as most fitting the guide given him by the Council.
I seriously doubt that the Council would, even with all its repository of wisdom and experience, select any one person for the President to fill that position. At worst, the Council would suggest a shortlist to choose from. But even so, the Council would be mindful of trampling upon the Executive's mandate.
In conclusion, our Council of State is not an Upper House of Parliament and has no powers to impose on the Executive. It is only an Advisory Board of some sort. Hence, the overriding significance of the word 'advice' in relation to 'shall' in that section of the Constitution in question.
Again, the 'Shall' may demand that the President consult with the Council. The 'advice' requires that President be allowed some room to make the final decision, using the any 'advice' he might get from the Council.
Long Live Ghana!!!
Kofi Ata, Cambridge, UK 9 years ago
SARPONG, when President Kufour appointed EC Deputy Commissioners and Commissioners under the same article 70(2), did the Council of Sate tell him who to appoint?
SARPONG, when President Kufour appointed EC Deputy Commissioners and Commissioners under the same article 70(2), did the Council of Sate tell him who to appoint?
Lawyer Kwasi 9 years ago
The writer in paragraph 10 of the article states "Though I am not a qualified lawyer,...". In fact if he was a lawyer (I am), he would know that the interpretation approach he has adopted is not what the Ghanaian courts apply ... read full comment
The writer in paragraph 10 of the article states "Though I am not a qualified lawyer,...". In fact if he was a lawyer (I am), he would know that the interpretation approach he has adopted is not what the Ghanaian courts apply nowadays. In any event you are entitled to disagree with his interpretation but why attack Nana Addo by suggesting that he may be Experiencing Amnesia?. Wise up
Rogue Lawyer 9 years ago
IT IS ONLY or mostly THOSE WHO -experiencing such a disease can sugest and think like this in law
IT IS ONLY or mostly THOSE WHO -experiencing such a disease can sugest and think like this in law
CONCERNED GHANAIAN 9 years ago
"THOSE WHO_ experiencing"?
You can't even spell suggest(sugest)
"THOSE WHO_ experiencing"?
You can't even spell suggest(sugest)
Kofi Ata, Cambridge, UK 9 years ago
Nana Akufo-Addo said that this was the first time someone is being appointed under Article 70(2) since the 1992 Constitution. That is not true and he knows that because he was the Attorney General under Kufuor who appointed D ... read full comment
Nana Akufo-Addo said that this was the first time someone is being appointed under Article 70(2) since the 1992 Constitution. That is not true and he knows that because he was the Attorney General under Kufuor who appointed Deputy EC Commissioners and Commissioners under the same article. Presidents Rawlings and Mills also did as well as Mahama has done so. If he could not remember these then is he not experiencing memory loss?
obour 9 years ago
Kofi data or what who so call led your self go away off atrusity
Kofi data or what who so call led your self go away off atrusity
Kwabena Erzoah 9 years ago
I previously disagreed with certain articles published by Kofi of Cambridge (KoC), notably the case of SCJ Kpegah v Akuffo Addo reference his Law qualifications. But this article does go to prove that KoC is well balanced and ... read full comment
I previously disagreed with certain articles published by Kofi of Cambridge (KoC), notably the case of SCJ Kpegah v Akuffo Addo reference his Law qualifications. But this article does go to prove that KoC is well balanced and deals directly with the issue irrespective of the personality involved. He referenced the previous appointment made and carefully split the Article (70)2 of the 1992 Constitution for the layman to understand. Well done KoC.
Nii Teiko 9 years ago
This is utter rubbish. Article 70(2) puts acting on the advice in commas. English language alone indicates that the President's appointment is subject to that advice.
Too many idiots posing as scholars.
This is utter rubbish. Article 70(2) puts acting on the advice in commas. English language alone indicates that the President's appointment is subject to that advice.
Too many idiots posing as scholars.
KKO 9 years ago
Kofi,
What is wrong with Nana Akufo-Addo, or any other Ghanaian for that matter, wishing that the right thing is done? Justice Ofori-Boateng, Oduro Nimapau, Afari-Gyan were all appointed by Jerry Rawlings, under cloudy circu ... read full comment
Kofi,
What is wrong with Nana Akufo-Addo, or any other Ghanaian for that matter, wishing that the right thing is done? Justice Ofori-Boateng, Oduro Nimapau, Afari-Gyan were all appointed by Jerry Rawlings, under cloudy circumstances, before the new Constitution had legs to stand on. This is the first time the Chairman of the EC is to be appointed in clean, clear-cut circumstances.
The arrogant Afari-Gyan has taken Ghanaians to the brink on at least two occasions. What is wrong with Ghanaians wanting a transparent appointment of one of the most sensitive offices in the land?
Where are Mahama's democratic credentials when his party chairman and women's organiser both hold important public offices funded by the Ghanaian taxpayer? Where were his democratic credentials when his government overspent its budget by over 700m cedis without recourse to Parliament, as demanded by the Constitution of Ghana? What has happened to Afari-Gyan who flouted the Constitution and caused over 300m cedis of the taxpayer's money to be thrown down the drain?
Don't let me puke! Some of us who run private businesses in Ghana have been so hurt by this incompetent, clueless and thieving government, we are going to watch you Akufo-Addo haters like hawks. If we are stupid enough as a nation to vote for more hardships, let it be done cleanly and fairly, not through tying other people's hand behind their backs even before the contest begins!
SARPONG 9 years ago
Doc., I am surprised Kofi Ata who is usually objective in his criticism is questioning the sanity of Nana Akuffo Addo on this issue.
Doc., I am surprised Kofi Ata who is usually objective in his criticism is questioning the sanity of Nana Akuffo Addo on this issue.
BOY KOFI 9 years ago
There is no other way to do anything right than to follow strictly the dictates of the Constitution at any given time.It is only the Constitution that has the final word but it gives room for debate.Maybe in the near future w ... read full comment
There is no other way to do anything right than to follow strictly the dictates of the Constitution at any given time.It is only the Constitution that has the final word but it gives room for debate.Maybe in the near future we shall amend the constitution but for now we cannot the President is the only one to nominate the Chairman of the EC.After all,it is the same President who appoints the members of Concil of States,so what makes the difference?I will suggest that the President stops appointing the members of state.Thank you.
Thunder 9 years ago
Mr Kofi Ata I appreciate your input on this. forum, but Akuffo is not an astute lawyer,his an imposter and criminal, he couldn't provide answers about his law education and certificate, this Akuffo Addo should've been in jail ... read full comment
Mr Kofi Ata I appreciate your input on this. forum, but Akuffo is not an astute lawyer,his an imposter and criminal, he couldn't provide answers about his law education and certificate, this Akuffo Addo should've been in jail by now if this were to happen in UK, you know very well.
G. K. Berko 9 years ago
'It beggars belief that Nana Akufo-Addo, an astute lawyer, former Attorney General and Minister for Justice under President Kufuor would say the above. I pray and hope that he did not indeed say all what is attributed to him ... read full comment
'It beggars belief that Nana Akufo-Addo, an astute lawyer, former Attorney General and Minister for Justice under President Kufuor would say the above. I pray and hope that he did not indeed say all what is attributed to him by NPP Communications Directorate. This is because if they are true, then either Akufo-Addo has very short memory or he is simply telling lies.'
Kofi, this above extract from your Article makes my day. Your Article is so right to expose Nana's mediocrity in legal interpretation of our Constitution as cited in Article 70(2).
Please, check my response to the Article that originally reported Nana's comments whose excerpt you introduced here.
Unfortunately, almost the entire host of our enlightened legal minds chose to remain mute on this gross misinterpretation by Nana on that section of our Constitution. It is either a case of collaborative acquiescence of their to Nana's position on that issue, or they simply do not want to rock the boat for Nana who they possibly preferred to Mahama at the Presidency.
Either way, such passivity endangers our Society and weakens our Constitution as it was intended.
WHAT IS THE RELEVANCE OF THIS LONG ARTICLE? DISCUSS SOMETHING BETTER NEXT TIME. HE IS SUFFERING FROM YOUR MOTHERNASIA, NONSENSE.
This NPP always causes confusion Let us be wary of them especially a desperado like Nana Addo
Brofo ye oh brofo! These Mate Mehu kokoase krakyes have always thought they can high-jack the constitutional law and interprete it as they like it but as always failed when it reaches the supreme court.
Akufo Addo, if you ...
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Barima Kofi Ata,
I am not a qualified Lawyer just as you indicated yourself that you are not a qualified lawyer. But all that is most concerned to me and I believe most Ghanaians who have true love for mother Ghana is for Pr ...
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Opanin Kwasi Asante, was that Nana's point? Nana and his Party, have believed that they lost the last two elections (2008 and 2012) because of one man. All this noise coming from NPP members and sympathizers is because of th ...
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Exactly, "you tell em". I thought you have emigrated to outer-Mongolia. Hahaha.
The apple does not fall far from the tree, Wofa. It runs in the family I guess. I am hanging in here. Thanks for checking in on your nephew.
Mr Asante, you are hundred percent right. I like the way you said it. To majority of us, we will not understand what the law says. Yes, the president is demanded to do the right thing by going according to what the constituti ...
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The words, “in consultation with” are stronger than “on the advice of”
Is this what they are teaching you at Cambridge?
Akufo-Addo, where is our Dri Ship?
Oh yes he is
Kofi never try to describe Akuffu Addo as an Astute lawyer , he had never be and will never be until he proof how he became a lawyer in Ghana.
Akuffu Addo is talking out of pains, he hate justice Atuguba, and dr Kwadwo Afar ...
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Until he proves NOT until he proof
He had never been NOT he has never be
He want to always pay for his ways????
HOW MANY WORDS HAVE YOU WRITTEN HERE and how many words does it take you to mention his classmates, and the law School, that gave him the lost certificate?
These are some of the ways i can get a sycophantic fool like you, ...
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You are an illiterate idiot and have no idea how you can become a lawyer or Barrister in England. You want the law school he attended?
He obtained his law degree or qualification to practice law from the Lincoln Inn, one o ...
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Where was Nana Akuffo-Addo when the 1992 Constitution was being drawn?He and his ilks n cronies mischieviously boycotted it.Sure,chickens have come home to roost....
Nice piece. The true is that, this old man, Akufo Addo, knows very well that there is no way he can will the next elections,hence his preparation to cause confusion. I will also not rule out his ignorant about the understandi ...
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Whenever my ‘friend’ Kofi Atta becomes obsessed with Akufo Addo, you know it’s very close to elections in Ghana. This is the second time in a row that he is titling an article with Akufo Addo’s name. As he rightly sai ...
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You don't need to be a lawyer to understand this simple clause my friend. Everything Kofi said is right to the point.Where has he gone wrong? That he is not a lawyer? I wonder what you would say, if it is your illiterate Baak ...
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Yaw Ohemeng nice to read your contribution. First, let me say that the fact that I am not a qualified lawyer does not mean that I am naive in law. I have studied different areas of law both in academia and practical training ...
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I agree with Kofi's interpretation regarding article 70(2). What people should understand is that, the electoral commissioners is on the same footing as an appeal court judge. Hence the "on the advice of" from the council of ...
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Denizen of Cambridge, do you understand the law at all? The Constitution INTENDED that the President should only appoint a person approved by the Council of State. If that was not the interpretation to be put on the Clause, t ...
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OFFICE OF THE ODIKRO
a companion of the black star!
HI IXOS, YOU ARE WRONG!
Mr. Kofi Ata's article is a masterpiece! Brilliant! The role of the Council of State is an advisory one. It is not mandatory!
Kofi is ri ...
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What do you mean by the role of council of state is advisory one and not mandatory? Do you know the meaning of mandatory?
The constitution charges the President to appoint the Electoral Commissioner in consultation with t ...
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OFFICE OF THE ODIKRO
a companion of the black star!
Hi Sarpong,
You wrote:
"The constitution charges the President to appoint the Electoral Commissioner in consultation with the Council of state so the role of the Co ...
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The same President appionts the Members of Council of States so what makes the difference?Thank you.
I thought you did English in college. Read this;
"the President shall, acting on the Advice of the Council of state"
The important word in that quote is shall and not advice. Find the meaning of SHALL before you open yo ...
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SHALL, when used in law expresses what is mandatory. READ 2B below.
YOU ARE THE ENGLISH MAJOR AND SHOULD NOT LET ME TEACH YOU THE MEANING OF 'SHALL'
Webster's
Full Definition of SHALL
verbal auxiliary
1
ar ...
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Nana Akyea, I am surprise you fail to realize the important word in your quotation is "shall" and not "advice"
To Sarpong and Tom, in particular:-
Why is 'shall' and not 'advice' the more important of the two? When a law is enacted, there is a certain intent that is conveyed along with it. 'Shall' alone does not convey that inten ...
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SARPONG, when President Kufour appointed EC Deputy Commissioners and Commissioners under the same article 70(2), did the Council of Sate tell him who to appoint?
The writer in paragraph 10 of the article states "Though I am not a qualified lawyer,...". In fact if he was a lawyer (I am), he would know that the interpretation approach he has adopted is not what the Ghanaian courts apply ...
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IT IS ONLY or mostly THOSE WHO -experiencing such a disease can sugest and think like this in law
"THOSE WHO_ experiencing"?
You can't even spell suggest(sugest)
Nana Akufo-Addo said that this was the first time someone is being appointed under Article 70(2) since the 1992 Constitution. That is not true and he knows that because he was the Attorney General under Kufuor who appointed D ...
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Kofi data or what who so call led your self go away off atrusity
I previously disagreed with certain articles published by Kofi of Cambridge (KoC), notably the case of SCJ Kpegah v Akuffo Addo reference his Law qualifications. But this article does go to prove that KoC is well balanced and ...
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This is utter rubbish. Article 70(2) puts acting on the advice in commas. English language alone indicates that the President's appointment is subject to that advice.
Too many idiots posing as scholars.
Kofi,
What is wrong with Nana Akufo-Addo, or any other Ghanaian for that matter, wishing that the right thing is done? Justice Ofori-Boateng, Oduro Nimapau, Afari-Gyan were all appointed by Jerry Rawlings, under cloudy circu ...
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Doc., I am surprised Kofi Ata who is usually objective in his criticism is questioning the sanity of Nana Akuffo Addo on this issue.
There is no other way to do anything right than to follow strictly the dictates of the Constitution at any given time.It is only the Constitution that has the final word but it gives room for debate.Maybe in the near future w ...
read full comment
Mr Kofi Ata I appreciate your input on this. forum, but Akuffo is not an astute lawyer,his an imposter and criminal, he couldn't provide answers about his law education and certificate, this Akuffo Addo should've been in jail ...
read full comment
'It beggars belief that Nana Akufo-Addo, an astute lawyer, former Attorney General and Minister for Justice under President Kufuor would say the above. I pray and hope that he did not indeed say all what is attributed to him ...
read full comment