Mr Stephen Ayesu Ntim, a former National First Vice Chairman of the New Patriotic Party (NPP) has been appointed as the Chairman of the Governing Board of the Ghana Lands Commission.
The Chief of Staff, Madam Akosua Frema Osei-Opare communicated the appointment to Mr Ntim in a letter dated July 18, 2017.
“I take this opportunity to congratulate you formally for your appointment. Kindly indicate your acceptance or others of this appointment. Thank you,” the letter said.
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Surprisingly, the letter announcing the appointment, a copy of which has been seen by Graphic Online quoted a repealed law.
The Chief of Staff used the repealed 1994 Act instead of the Lands Commission Act, 2008, Act 767
The letter stated “Pursuant to Section 5 (1) of the Lands Commission Act, 1994 (Act 483), the President of the Republic of Ghana in consultation with the Council of State hereby appoints you as the Chairman of the Governing Board of the Ghana Lands Commission.
However, the Chairman and other members of the Commission are appointed under section 8 of the Lands Commission Act, 2008, Act 767 but the 1994 Act cites Section 5.
"This means that there is no appointment and the letter will have to be withdrawn and corrected. You cannot appoint on nothing," according to a legal expert.
Section 8 of the 2008 Act states
1. The Commission, shall in accordance with article 259 of the Constitution consists of
(a) the Chairman, who shall not be a Minister or a Deputy Minister;
(b) one representative of, and nominated by (i) the National House of Chiefs; (ii) the Ghana Bar Association; (iii) the Ghana Institution of Surveyors; (iv) each Regional Lands Commission; (v) the department responsible for town and country planning; (vi) the National Association of Farmers and Fishermen; (vii) the Environmental Protection Agency; and (viii) the Ministry responsible for Lands and Natural Resources; and
(c) the Executive Secretary of the Commission
2. The President shall in accordance with article 70 of the Constitution appoint the chairman and the other members of the Commission.
3. The President shall determine the salaries and allowances payable, the facilities and the privileges available to the chairman and the other members of the Commission in accordance with article 71 (1) (d) (iv) of the Constitution.
Mr Stephen Ntim has contested twice for the position of National Chairman of the NPP but has not been successful.
Below is a copy of the appointment letter