The National Democratic Congress Member of Parliament for South Dayi, Hon. Rockson Nelson Etse Dafeamakpor, has sharply challenged the Minority Leader, Hon Alexander Kwamena Afenyo Markin’s interpretation of the legal framework surrounding the establishment of the Ministry of National Security.
The critique follows the Appointment Committee of Parliament’s vetting of Hon. Dr. Dominic Ayine, the nominated Attorney General and Minister for Justice, where Hon. Afenyo Markin, the Minority Leader, made a contentious claim about the legal foundation of the Ministry.
Hon. Dafeamakpor, who is also a seasoned legal practitioner in a statement released to the press, outlines a series of points to refute the Minority Leader’s assertions, urging clarity on the provisions of the Security & Intelligence Agencies Act, 2020 (Act 1030).
According to the NDC MP, the legislation does not provide for the establishment of the Ministry of National Security as suggested during the vetting process by the Effutu Member of Parliament.
“Hon. Afenyo Markin’s insistence that the law provides for the establishment of the Ministry of National Security therefore is not accurate at all and no purposive or enlarged meaning of the law will support his forceful assertion.“
Hon. Rockson Nelson Etse Dafeamakpor, NDC MP for South Dayi
Hon. Dafeamakpor unequivocally stated that the Security & Intelligence Agencies Act, 2020, does not include any provisions for the creation of the Ministry of National Security.
He pointed out that the Act focuses on regulating the functions of the Minister for National Security rather than establishing the Ministry itself.
The South Dayi lawmaker strongly opined that Section 24 of the Act, which outlines the functions of the Minister, has been misinterpreted as having legislative authority to create the Ministry, a claim Hon. Dafeamakpor categorically dismisses as inaccurate.
Ministerial Role Defined
The legal practitioner elaborated that Section 49 of the Act defines the role of the “Minister” as one responsible for National Security, without reference to the creation of the Ministry.
He argued that the title and functions of the Minister should not be conflated with the establishment of a ministry, making it clear that the two are separate legal constructs under the law.
In what can be seen as a direct rebuttal to Hon. Afenyo Markin’s insistence during the vetting that the Act provides for the establishment of the Ministry, Hon. Dafeamakpor challenges the accuracy of this claim.
Hon. Dafeamakpor went ahead to clarify the true legal mechanism behind the creation of the Ministry of National Security.
According to him, following the passage of the Security & Intelligence Agencies Act in 2020, it was not until January 22, 2021, that the Ministry was formally established through the issuance of the Civil Service (Ministries) Instrument, 2021 (EI 12).
Specifically, Regulation 1(a) of the Instrument provided for the establishment of the Ministry of National Security, making it clear that the Ministry’s formation was not based on the Security & Intelligence Agencies Act but rather through an Executive Instrument (EI).
The South Dayi MP further emphasized that the Ministry of National Security is a creation of an Executive Instrument, and not of a legislative statute.
This distinction, Hon. Dafeamakpor argued, is crucial to understanding the legal standing of the Ministry within Ghana’s constitutional framework.
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