....on President's appointing military chiefs

The National Democratic Congress (NDC) on Wednesday filed a writ at the Supreme Court against the Attorney General challenging the legality of the recent appointments made by the President in the top brass of the military.

The writ filed on behalf of the NDC by Messrs Kweku Baah and Co said the President violated Article 212 of the Constitution and Armed Forces Act in making the appointments, which were announced last Friday.

It said the Constitution specifies that: "The President may, acting in accordance with the advice of the Armed Forces Council, appoint officers of the Armed Forces who shall be given such command as the Armed Forces Council shall determine "...in all these matters the president does not act on his own steam but acts, as the constitution provides and mandates on the determination of the Armed Forces Council."

The writ said the Armed Forces Council shall consist of the Vice President, the Ministers of Defence, Foreign Affairs and the Interior, Chief of Defence Staff and a senior warrant officer or its equivalent in the Armed Forces and two other persons appointed by the President in consultation with the Council of State.

"The plaintiff says that currently, there is no Council of State with whom the President could consult to appoint the persons specified under Article 211 (d).

"By virtue of the averments...plaintiff will contend that the acts of the President contained in the statement which his spokesperson published on 16th of March, 2001 is unconstitutional and, therefore, null and void and without any legal effect."

The writ said the assertion by the spokesperson for the President that the President was following tradition and provisions of the Armed Forces "is false, misinformed, misconceived and an outright fabrication."

"The plaintiff says and will contend that Ghana is a nation of laws and not men thus the President of Ghana as Head of State and Head of Government and Commander-in-Chief of the Armed Forces of Ghana exercises his authority in accordance with the provisions of the Constitution."