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Sunday, June 16, 2024

Kpemka’s appointment as Deputy BOST MD unconstitutional

Former Power Minister Dr. Kwabena Donkor, has described the appointment of the former Deputy Attorney-General Joseph Dindiok Kpemka as Deputy Managing Director of Bulk Oil Storage and Transportation Limited Company (BOST) as unconstitutional.

Speaking on Prime News on Citi FM on Saturday [May 19], the Pru East MP said President Nana Addo Dankwa Akufo-Addo has no constitutional backing to make an appointment to any limited liability company.

Kwabena Donkor urged the President to respect the law in his appointments.

“BOST is a limited liability company and there is a procedure for appointing officers and because it is a limited liability company, appointments must be governed by the Companies Act (992). The Presidency has no business in appointing CEOs or Deputy MDs or senior officers to any limited liability company.

“There is also the SIGA Act which also does not give the Presidency any appointing powers for limited liability companies.

“There is a procedure and as a people and as a nation, we must learn to respect the law, particularly coming from the Presidency. I have a lot of respect for the President but the Presidency is getting it totally wrong.”

He added that the only way to make appointments to limited liability companies is through AGMs, not executive orders and notices.

“To appoint a senior officer to a limited liability company, you have to go through the route of an AGM [Annual General Meeting].”

The former Tempane legislator’s appointment was announced on May 17 in a letter signed by the Secretary to the President, Nana Bediatuo Asante, instructing the Minister of Energy Dr. Matthew Opoku Prempeh to take the “necessary steps to regularise the said appointment in accordance with the relevant provisions of the Companies Act, 2019 (Act 929) and the constitution of the company.”


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