Private Legal Practitioner, Lawyer Benjamin Tachie Antiedu, has explained that the Minister of Finance, Ken Ofori-Atta can be removed from office without a hearing.
According to him, the activation of article 82 of the 1992 constitution alone is enough to remove him from office.
Article 82 of the 1992 constitution says;
(1) Parliament may, by are solution supported by the votes of not less than two-thirds of all the members of Parliament, pass a vote of censure on a Minister of State.
(2) A motion for the resolution referred to in clause (1) of this article shall not be moved in Parliament unless—
(a) seven days’ notice has been given of the motion; and
(b) the notice for the motion has been signed by not less than one-third of all the members of Parliament;
(3) The motion shall be debated in Parliament within fourteen days after the receipt by the Speaker of the notice for the motion.
(4) A Minister of State in respect of whom a vote of censure is debated under clause (3) of this article is entitled, during the debate, to be heard in his defence.
(5) Where a vote of censure is passed against a Minister under this article the President may, unless the Minister resigns his office, revoke his appointment as a Minister.
(6) For the avoidance of doubt this article applies to a Deputy Minister as it applies to a Minister of State.
He explained the Minister of Finance is well aware of why he’s wanted out of office, and should have been made to answer to these before parliament when he responds to summons, but not through a hearing like it’s being done. “This hearing is not important. It is just sufficient that a majority of the MPs want to move the motion for his removal, taking their cue from article 82.”
He told Samuel Eshun on the Happy Morning Show.
“I think we don’t need any other step to seek for the removal of the minister aside from the activation of article 82. The only concern at the time was that Ofori-Atta was not in parliament and that’s why they decided to give him the constitutional right to be heard,” he highlighted.
The eight-member bipartisan Ad-Hoc Committee of Parliament on Tuesday began a public hearing of the National Democratic Congress (NDC) Minority Caucus’ motion calling for a vote of censure against Ken Ofori-Atta, the Minister of Finance.
The Minority Caucus is alleging mismanagement of the economy by the finance minister.
By; Joel Sanco