This commentary stems from Oliver Barker Vormawor’s recent post, widely described as a whistleblower revelation, which has ignited debate over Felix Kwakye Ofosu’s appointment as Acting Spokesperson to the President while concurrently serving as a Member of Parliament. The analysis examines whether this arrangement is permissible under Ghana’s 1992 Constitution and its potential implications.
Constitutional Framework
Article 78 of the Constitution explicitly allows Members of Parliament (MPs) to be appointed as Ministers or Deputy Ministers, enabling them to serve dual roles. However, the Constitution does not explicitly extend this permission to other executive roles. This omission raises questions about the constitutional validity of MPs holding non-ministerial executive positions.
The Issue at Hand
Felix Kwakye Ofosu’s current role as Acting Spokesperson to the President does not fall within the explicitly allowed ministerial roles under Article 78. The spokesperson role is inherently executive, tasked with representing the President in matters of communication, thereby creating potential tension with the constitutional provisions guiding MPs’ roles.
Comparative Analysis
- Ministers and Deputy Ministers: The Constitution allows MPs to serve as Ministers or Deputy Ministers because their roles directly involve governance and policymaking.
- State-Owned Enterprises or Agencies: MPs are generally prohibited from holding executive positions in state enterprises, as this could create conflicts of interest.
- Acting Roles: The Constitution makes no provision for MPs to hold acting positions within the executive unless the role is classified as ministerial.
Potential Inconsistencies
- Separation of Powers: The dual role might undermine the independence of Parliament, blurring lines between legislative and executive responsibilities.
- Conflict of Interest: An MP serving as Acting Spokesperson could face competing obligations, leading to conflicts of interest.
- Precedent and Accountability: Allowing this arrangement could set a precedent for MPs to hold non-ministerial executive roles, complicating oversight and accountability mechanisms.
Legal Precedents and Interpretations
While there is no explicit prohibition, the absence of constitutional provisions for MPs to hold non-ministerial executive roles suggests such appointments may contravene the spirit of the Constitution. Unless reclassified as a ministerial role, the position of Acting Spokesperson remains on uncertain legal ground. 
Way Forward
- Clarity from the Courts: The Supreme Court could provide a definitive interpretation of whether such dual roles violate the Constitution.
- Legislative Action: Amendments to clarify ambiguities around acting roles for MPs could help resolve this tension.
- Immediate Compliance: To avoid potential legal challenges, Felix Kwakye Ofosu could consider relinquishing the role until its constitutionality is firmly established.
Conclusion
While the appointment of Felix Kwakye Ofosu as Acting Spokesperson may serve practical purposes, it raises significant constitutional concerns. This issue underscores the need for careful adherence to constitutional principles and processes to maintain the integrity of Ghana’s governance framework.
Disclaimer: This commentary is a legal perspective that seeks to foster constructive debate on constitutional compliance. It may not align with popular sentiment but highlights critical governance issues worth interrogating.
