Radio1Ghana Serving Communities
Related Articles
A member of the ruling New Patriotic Party (NPP) in the Odododiodio Constituency who is also a Citizen Vigilante, Nii Quaye has petitioned President Akufo-Addo to remove Mr. Kwame Owusu and Mr. Eugene Asante Ofosuhene from their offices as Director General of Ghana Maritime Authority, Acting Controller and Accountant General respectively for attaining the mandatory retirement age of 60.
In a petition addressed to President Akufo-Addo which was cited by GhanaWeb.com, Nii Quaye indicated, “both men are citizens of Ghana playing important roles but their appointment is unconstitutional and an affront to the letters and spirits of the 1992 Constitution of the Republic of Ghana”.
According to him, “Both men are more than the mandatory 60 years of retiring age in Ghana. They are almost 67 years of age yet holding public offices but are not contract workers”.
He added that Mr. Kwame Owusu and Mr. Eugene Asante were more than 67 years of age but have deliberately failed to resign from their positions and backed his petition with the Article 199(1) of the 1992 Constitution of Ghana.
“Mr. Kwame Owusu and Mr. Eugene Asante Ofosuhene as indicated above are both public officers who are more than 67 years of age yet have failed to resign from their positions. The above-mentioned are both public officers who are expected to abide by article 199(1) of the Constitution of Ghana, 1992 yet they have decided to deliberately disregard same”, he emphasized.
He, however, quoted, “In Ghana, article 199 (1) of the 1992 constitution states that “A public Officier shall except as otherwise provided in this constitution, retire from the public service.”
This provision is in plain language and therefore using the literal rule of interpretation will be sufficient and serve the intended purpose”.
“In order for Mr. Kwame Owusu to deceive the entire populace, he deceptively managed to acquire a new passport just to change his birth year from 1947 to 1953 to enable him reduce his age”, he alleged.
He also claimed that Mr. Kwame Owusu recently renovated his official residence which cost GHC1.2 million and failed to abide by the procurement laws.
“Also, Mr. Kwame Owusu who recently renovated his official residence costing about GHC1.2 million failed to abide by the procurement laws. He breached the procurement barrier. He has also several times engaged in acts which are in contravention of the code of conduct for workers of the Ghana Maritime Authority”, he alleged.
He also alleged that the two public officials were being shielded by Nana Asante Bediatuo, Executive Secretary to President Akufo-Addo and as a result they could not be replaced.
“Mr. President, based on my intelligence gathered so far, the two men are beingn shielded by one Nana Asante Bediatuo who happens to be a close worker at your office. He is the man who has succeeded in protecting Mr. Kwame Owusu for a long time” he accused.
He, therefore, appealed to President Akufo-Addo to remove them from their positions with immediate effect.
He said, “Mr. President, I know you don’t shield wrong doings so kindly act of this issues”.
On Thursday, May 11, 2017, President Akufo-Addo appointed Mr. Eugene Asante Ofosuhene to replace Mr. Seidu Kotomah as Acting Controller and Accountant General.
Below is the full petition
17th August, 2018
The President
His Excellency Nana Addo Danquah Akuffo Addo.
The Republic of Ghana
Jubilee House.
Kanda – Accra
Dear Sir,
PETITION FOR REMOVAL FROM OF TWO PUBLIC OFFICERS NAMELY; MR. KWAME OWUSU OF GHANA MARITIME AUTHORITY AND MR. EUGENE ASANTE OFOSUHENE OF CONTROLLER AND ACCOUNTANT GENERAL
- Mr. Kwame Owusu is the director general for the Ghana Maritime Authority and Mr. Eugene Asante Ofosuhene is also the Acting Controller and Accountant General
-
The two above mentioned personalities hold public offices in the country
-
Both men are citizens of Ghana playing important roles but their appointment is unconstitutional and an affront to the letters and spirits of the 1992 Constitution of the Republic of Ghana.
-
Both men are more than the mandatory 60 years of retiring age in Ghana. They are almost 67 years of age yet holding public offices but same are not contract workers.
BASIS FOR PETITION
I am a citizen of Ghana who seeks to protect and defend the Constitution of the land at all times.
To begin with, article 190 of the 1992 constitution of Ghana makes it unambiguous that, all Chief Executive Officers, Managing Directors and Director Generals are all part of the public service thereby obliged and restricted to follow the provisions of articles 191, 192, 193, 194, 195, 196, 197, 198 and most significantly 199.
The office of the civil or public service is one established and recognized by the Constitution. The office is regulated by an Act of parliament that is, The Civil Service Act, 1993 PNDC Law 327.
The Office of the Head of Civil Service exists to promote and ensure continuous renewal and professional development of the Human Resource of the Civil Service by ensuring that the MDAs are optimally structured, adequately staffed with the right skills mix to provide policy advice to Ghana’s political leadership to facilitate good governance and accelerated national development.
From the above, it would clearly be recognized that, the civil service plays an important role in the development of this country and therefore, the need for it to adhere to laws are Paramount and prudent.
In Ghana, the doctrine of rule of law depicts that, all citizens including the president are subject to the laws of Ghana. This means that, the law is no respecter of persons. And that all persons are equal before it.
In Ghana, article 199 (1) of the 1992 constitution states that, “A public Officier shall except as otherwise provided in this constitution, retire from the public service”. This provision is in plain language and therefore using the literal rule of interpretation will be sufficient and serve the intended purpose.
Mr. Kwame Owusu and Mr. Eugene Asante Ofosuhene as indicated above are both public officers who are more than 67 years of age yet have failed to resign from their positions.
The above-mentioned are both public officers who are expected to abide by article 199(1) of the Constitution of Ghana, 1992 yet they have decided to deliberately disregard same.
Also, both public service appointees have failed to appear before the public service committee for vetting.
In other, for Mr. Kwame Owusu to deceive the entire populace, he deceptively managed to acquire a new passport just to change his birth year from 1947 to 1953 to enable him to reduce his age.
Also, Mr. Kwame Owusu who recently renovated his official residence costing about GHC1.2 million failed to abide by the procurement laws. He breached the procurement barrier. He has also several times engaged in acts which are in contravention of the code of conduct for workers of the Ghana Maritime Authority.
Mr. President, based on my intelligence gathered so far, the two men are been shielded by one Nana Asante Bediatuo who happens to be a close worker at your office. He is the man who has succeeded in protecting Mr. Kwame Owusu for a long time.
Also, based on the same intelligence, I am well informed that, the National Security Coordinator is the man also shielding Mr. Eugene Ofosuhene.
Conclusion
Mr. President, not only are your appointment of these two appointees unconstitutional but also in contravention with section 71 of the civil service Act, 1993 PNDC Law 327, therefore I would like you to relief off the positions of the two appointees because they are both more than 67 years.
Mr. President, I know you don’t shield wrongdoings so kindly act of this issues.
Thank you for your attention.
Yours faithfully,
Signed!
Nii Quaye
A Citizen Vigilante and a member of the NPP
Odododiodio Constituency
By: ghanaweb.com
