The vetting of Hon. Otiko Afisah Djaba and Hon. Catherine Afeku by Parliament’s Appointments Committee brought out the issue of whether the doing of one’s National Service is compulsory or not.
It also raised the issue of whether the defaulting person be denied any employment including being a Minister of state.
If it is compulsory and Ms. Djaba did not do it, should she have been cleared by Parliament to become a Minister of State! Should Hon. Catherine Afeku be also cleared to be a Minister of State?
Well, we were later to read/hear that the Ghana National Service Scheme (GNSS) had given Ms. Djaba a waiver.
Problematic as the waiver was, it was a clear admission on the part of Otiko and her supporters that she should have done her National Service as stipulated by the Ghana National Service Act, 1980, Act 426!
The legal issues involved are not just one but many, and will require a court of competent jurisdiction to resolve them accordingly.
Well, I have read in the media that some two Members of Parliament are in the Supreme Court to challenge what I, for the sake of convenience, refer to as the “Otiko Affair” and seek resolution of the legal issues surrounding same so let me leave it at that. The suit number is : J1/11/2017.
My worry however is not so much about the brouhaha surrounding Hon. Otiko and Hon. Afeku not doing their national service in this write-up but some other issues which have come up.
The first is the issue of the dismissal (or is it reversal of appointment?) of some 245 employees whom we are told were improperly appointed. Indeed, if their appointments were not done in accordance with lawful procedure then the reversal/ termination/dismissal is in order though disappointing for the affected persons!
It is said that he who comes to equity must do so with clean hands, and this brings me to the second issue.
The person who signed the letter reversing/terminating/dismissing the 245 persons signed their letters as Executive Director!
Do we have any position sanctioned by the Ghana National Service Scheme Act, 1980, Act 426, as Executive Director of the Scheme? According to the law, the answer is no.
Section 15(1) of the Act states, “The Scheme shall have a Director who shall be appointed in accordance with with article 157 of the Constitution (1979) and shall hold office upon such terms and conditions as may be specified in his instrument of appointment.”
So, where from this position of Executive Director?
Again, does the Ghana National Service Act sanction the positions of deputy Executive Directors? Again, these positions are not known to Act 426!
The section 16 mentioned in the appointment letters of the deputy executive directors does not mention any such position neither does it confer on His Excellency the President to make any such appointments under that section.
Section 16(1) of the Ghana National Service Act, 1980, Act 426, states, “The Board may from time to time engage such employees as may be necessary for the proper and efficient conduct of the business and functions of the Scheme.”
Nowhere, does the law state that the President shall appoint such deputies. It’s rather the Board that may determine the need for such employees and appoint them accordingly.
These appointments are not supported by Act 426!
I think the President signs lots of documents everyday and it behooves those who work with him at Presidency to check some of these things with the law before he appends his signature to them otherwise they may cause him some irreparable embarrassment in future.
On the issue of exemption, when does one apply for same?
A former employee of the Scheme tells me that before one can get an exemption from doing his/her national service after failing to do so at the right time, some processes would have to be followed and these include:-
i. The applicant will have to apply in writing to the Scheme to be allowed to do his/her National Service.
ii. After the application is accepted (normally it’s always accepted) the Scheme would give to the applicant a Personal Identification Number (PIN) number that would enable the applicant to register online for a National Service Scheme number.
iii. The applicant would have to wait until he/she is posted and given an appointment letter before an application for exemption could be made to the Board of the Scheme, which shall determine whether to grant the application or not.
iv. The applicant only writes the letter of exemption when the postings are released.
He/she attaches the application for exemption letter to the National Service Scheme appointment letter which shows where the applicant was posted to.
v. A copy of the applicant’s birth certificate is attached to the application and sent through the various regional offices of the Scheme or directly to the headquarters.
vi. According to him, it is not like the defaulting person just write for exemption and it is granted just because the applicant claims to be 40 years or above.
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