07/02/2025
HON AFENYO MARKIN FELL INTO AN ERROR OF LAW IN WRITING TO PREZ ON BoG
——————————————
1. My attention has been drawn to Hon. Afenyo Markin’s letter to His Excellency, John Mahama questioning why the newly appointed Governor of the Central Bank, Dr. Johnson Asiamah went to the BoG to conduct official business yesterday.
2. Let’s set the law. The Prez in pursuance of Art 183(4)(a) of the Constitution appointed Dr Asiamah as BoG boss. The same power is conferred on the Prez by Sec 17(1)(a)of the BoG Act, 2002, Act 612 (as amended by Act 918, 2016.
3. The Council of State is a creature of the Constitution and further enacted into law by Act 1037, 2020. This law provides no formula for offering its advise or ‘manner of delivering its consultation’ to the Prez regarding appointments into public office.
4. There is a distinction between “prior approval” and “in consultation with” phrases as deployed by the framers of the Constitution.
5. As regards the former, Parliament has devolved a procedure to giving effect to that by actually subjecting nominees to what’s called “vetting” by way of screening. The CoS, on the other hand, holds no such “vetting” but I suspect they have a formula for satisfying that ‘in consultation with’ requirement in law.
6. Now, it’s curios that Hon Afenyo Markin is lamenting the official presence of the new Governor at BoG yet he was unable to point to any law that has been breached in that regard.
7. The Hon Afenyo Markin knows that no law has been fouled by the conduct of the new Governor because he litigated this similar matter in 2016 and lost.
In the case of GBA & Ors vrs. AG & Ors [2016] GHA SC 43 (Consolidated suit); Dotse JSC (as he then was) delivering a concurring opinion, had this to say to the Hon Afenyo Markin as Counsel for the Plaintiff in the 1st case:
“In conclusion, I want to reiterate the point that, whilst the President is mandated to seek the advice of the Judicial Council, and consult with the Council of State in the appointment process of Supreme Court Judges with the approval of Parliament, those advisory opinions are not binding on the President”.
8. So it is clear from the above SC decision that, the appointment by Dr. Johnson Asiamah as the new BoG Governor (pending the advise from the CoS though) is a fait accompli, because the SC says any such advise is NOT BINDING ON THE PREZ.
9. Interestingly, even though, the Hon Afenyo Markin says in para 7 of his odd letter to the Prez of the Republic that, the new Governor should refrain from any official engagements, yet the same man suggests that the Governor can receive briefings awaiting confirmation. Que? In what form and manner will any such briefings take? Wouldn’t it be in a meeting? And won’t such meetings be held in BoG premises?
10. So, you see people, this letter was nothing but hot air. He fell into an error of law.
PS:
See below 2 other similar letters issued to appointees in the immediate past which didn’t attract his attention.
