Council of State has no role ... In appointing ministers (Page 3)

UNDER the Ghana’s 1992 Constitution, the Council of State plays no specific role in the nomination and appointment of ministers, contrary to views that there should be a Council of State in place for the President, Professor J.E.A Mills, to consult before appointing his ministers.
Enquiries made at some Regional Co-ordinating Councils (RCC) confirmed this and showed that although elections for regional representatives for the Council of State, under President J. A. Kufuor’s administration, took place around June, 2001, appointment of Cabinet Ministers came much earlier.
Beside the 10 regional representatives, certain individuals who are appointed by the President, in consultation with Parliament, to form the Council include a former Chief Justice, a former Chief of Defence Staff of the Ghana Armed Forces and a former Inspector General of Police (IGP).
The President of the National House of Chiefs is also mandated by the constitution to belong to the council as well as 11 other members to be appointed by the President.
Article 70 (1) of the constitution which deals with the Council of State indicates that “The President shall, acting in consultation with the Council of State, appoint (a) the Commissioner for Human Rights Administrative Justice and his deputies; (b) the Auditor-General and (c) the District Assembly Common Fund Administrator”.
Other appointments to be made in consultation with the Council of State are the chairman and other members of (i) the Public Services Commission; (ii) the Lands Commission; (iii) the governing bodies of public corporations; (iv) a National Council for Higher Education, howsoever described; and (e) the holders of such other offices as may be prescribed by this constitution or by any other law not inconsistent with this constitution.
In addition, Article 70 (2) indicated that the President shall, acting on the advice of the Council of State, appoint the chairman, the deputy chairmen and other members of the Electoral Commission (EC).
On the appointment of ministers, Article 78 (1) states that “Ministers of State shall be appointed by the President, with the prior approval of Parliament from among members of Parliament or persons qualified to be elected as Members of Parliament, except that the majority of Ministers of State shall be appointed from among members of Parliament”.
Article 89 (2) states that “The President shall appoint such number of Ministers of State as may be necessary for the efficient running of the state”.
Speaking to journalists in the Nigerian capital, Abuja, over the weekend, President Mills gave the assurance that his Cabinet would be ready by the end of this month to ensure the effective running of government business.
He explained that the delay in naming his Cabinet was to ensure that decisions were taken in a careful and orderly manner, and noted that the nation was endowed with quality human resource. He urged critics to give him time to sort out his team.
The statement from President Mills drew criticisms from some members of society who thought the appointments could have been done earlier, since the President announced at his inauguration on January 7, that he “will hit the ground running”.
Although Prof. Mills did not say he needed to consult the Council of State before appointing his ministers, some radio panellists gave that as one of the reasons for the delay.