A photo collage of Rockson-Nelson Dafeamekpor and Alexander Afenyo-Markin
The Member of Parliament of South Dayi, Rockson-Nelson Dafeamekpor, has criticised Minority Leader, Alexander Kwamina Afenyo-Markin, for what he describes as a legal misstep in addressing a letter to President John Dramani Mahama regarding the newly-appointed Governor of the Bank of Ghana (BoG), Dr. Johnson Asiama.
In a post shared on his X page on Tuesday, February 4, 2025, the Majority Chief Whip pointed out that the president’s appointment of Dr. Asiama was done under the constitutional mandate provided by Article 183(4)(a) and the Bank of Ghana Act, 2002 (Act 612), as amended by Act 918 in 2016.
He emphasised that these legal provisions grant the president full authority to appoint the BoG Governor, and Dr. Asiama’s conduct of official business at the BoG did not breach them.
“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 Asiama went to the BoG to conduct official business yesterday.
“Let’s set the law. The president in pursuance of Art 183(4)(a) of the constitution appointed Dr Asiama 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,” he indicated.
He further argued that the Council of State’s role, as outlined in Act 1037, 2020, does not prescribe any specific process for advising the president on public office appointments.
“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 advice or ‘manner of delivering its consultation’ to the Prez regarding appointments into public office.
“There is a distinction between ‘prior approval’ and ‘in consultation with’ phrases as deployed by the framers of the constitution. Parliament conducts vetting for appointments requiring prior approval, while the CoS holds no such vetting process,” he noted.
Dafeamekpor stated that Afenyo-Markin did not mention any legal breach in his letter.
“It’s curious 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,” he noted.
Touching on Afenyo-Markin’s previous legal defeat on a similar issue, Dafeamekpor referred a 2016 Supreme Court case.
“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.
“The appointment of Dr. Johnson Asiama as the new BoG Governor is a fait accompli, because the Supreme Court says any such advice is NOT BINDING ON THE PRESIDENT,” he added.
Dafeamekpor also pointed out contradictions in Afenyo-Markin’s letter.
“Even though Afenyo-Markin suggests that the new Governor should refrain from any official engagements, he also proposes that the Governor can receive briefings awaiting confirmation. 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?
“So, you see people, this letter was nothing but hot air. He fell into an error of law,” he added.
On Tuesday, February 4, 2025, Afenyo-Markin, wrote to the president, raising concerns over the newly-appointed BoG Governor, Dr. Asiama.
He argued that Dr Asiama’s participation in meetings and official activities before his confirmation by the Council of State is troubling and sets a bad precedent for the country.
Dr Asiama was appointed as Governor of the Central Bank in a letter dated Friday, January 31, 2025, replacing Dr Ernest Addison, who has proceeded on leave ahead of his retirement on March 28, 2025.
However, this appointment remains subject to approval by the Council of State.
Read the post below:
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… pic.twitter.com/9lafjm5xjE
— Rockson-Nelson Dafeamekpor, Esq. MP. (@etsedafeamekpor) February 4, 2025
JKB/AE
Meanwhile, watch the Special Committee hearing on the ministerial vetting chaos below: