Minority Leader Alexander Afenyo-Markin has noted that Dr. Johnson Asiamah’s assumption of duties as Governor of the Bank of Ghana (BoG) before receiving formal approval from the Council of State raises significant procedural and constitutional issues.
He emphasized that Dr. Asiamah’s assumption of work is problematic, especially considering that the Council of State, which plays a crucial role in confirming such appointments, has not yet been fully constituted.
In a statement addressed to President John Mahama, Afenyo-Markin argued that his situation calls into question the adherence to proper legal and constitutional processes in the appointment procedure.
“I refer to the announcement from the Ag. Spokesperson to the President, Hon Felix Kwakye Ofosu on the above subject and dated Friday, January 31, 2025.
“The announcement states that the President has nominated Dr. Johnson Asiamah to serve as Governor of the Bank of Ghana pending approval by the Council of State”.
Alexander Afenyo-Markin
Afenyo-Markin further raised concern, stating that reports from various media outlets on Monday, February 3, 2025, indicated that Dr. Asiamah had proceeded to the Bank of Ghana and, in effect, assumed the role of Governor.
According to him, the reports revealed that Dr. Aiamah had already begun participating in meetings and carrying out official duties, despite the fact that his appointment had not yet received formal approval.
Afenyo-Markin expressed his worry that such actions could undermine the constitutional procedures and create doubts about the legitimacy of the appointment.
He emphasized that such actions, occurring without the proper approval, raise significant issues regarding the respect for constitutional procedures and the established processes for filling key positions.
The Minority Leader cautioned that this situation could set a troubling precedent, potentially undermining the integrity of the approval process for important public offices, and must be carefully examined.
He noted that if a judicial nominee, for example, were to assume their position in court and begin presiding over cases or delivering rulings before receiving the requisite approvals from the Judicial Council, it would undoubtedly be considered highly inappropriate and a violation of due process.
Afenyo-Markin stressed that allowing a nominee for a critical position like the Governor of the Bank of Ghana to take on official responsibilities before completing the necessary approval processes undermines institutional integrity and adherence to constitutional procedures.
He emphasized the need for strict compliance with established protocols to maintain public confidence in governance and uphold the rule of law. “The same principle must apply in this instance”.
Implications of Asiamah’s Assumption of Duties Highlighted
Furthermore, Alexander Afenyo-Markin raised a critical concern regarding the implications of Dr. Asiamah’s premature assumption of office.
He questioned what corrective measures would be taken if, upon its constitution, the Council of State ultimately decides against approving Dr. Asiamah’s nomination.
He highlighted the potential legal and procedural challenges that could arise from any official actions, policy decisions, or directives issued by Dr. Asiamah in his assumed capacity as Governor of the Bank of Ghana before receiving the necessary approval.
Afenyo-Markin stressed that such a scenario could create uncertainty and governance lapses, underscoring the importance of adhering to due process to prevent institutional complications and safeguard the credibility of appointments in public office.
“Your Excellency, it is my considered view that Dr. Johnson Asiamah should refrain from engaging in official duties at the Bank of Ghana until his nomination has been duly approved by the Council of State”.
Alexander Afenyo-Markin
The Minority Leader proposed that while awaiting formal confirmation, Dr. Asiamah should refrain from assuming the responsibilities of the Governor of the Bank of Ghana.
Instead, he suggested that Dr. Asiamah could seek any necessary briefings or consultations through appropriate channels without actively engaging in official duties.
This approach, he argued, would ensure compliance with constitutional and procedural requirements while allowing the nominee to familiarize himself with the institution’s affairs in a manner that does not overstep legal boundaries.
By doing so, Dr. Asiamah would demonstrate respect for due process and uphold the integrity of the appointment process.
Accordingly, Afenyo-Markin expressed optimism that this issue will receive the necessary attention to safeguard the integrity of Ghana’s institutional and constitutional processes.
He emphasized the importance of adhering to proper procedures in appointments and governance, noting that any deviation could erode public trust in state institutions.
He further highlighted that ensuring transparency and accountability in such matters is crucial for maintaining democratic principles and preventing future procedural breaches. “Please accept, Your Excellency, the assurances of my highest consideration”.
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