Swear –In and Hand Over Power to New Executives Elect On or Before August 4, 2019

Swear –In and Hand Over Power to New Executives Elect On or Before August 4, 2019

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GRASAG UENR started this petition to Her Hon. Khadija Sarquah, Judicial Chair GRASAG UENR and

Date:  August 1, 2019

I the undersigned a member of the Graduate Student Association of Ghana-UENR chapter AND IN SOLEMN declaration and affirmation of our commitment to freedom, justice, probity, rule of law and accountability do bring to the notice of Her Honour Khadija Sarquah to immediately swear in Executive Elect of our noble association as per the dictates of the constitution.

We draw inspiration from best practices, Ghana’s Constitution, the national GRASAG Constitution and local GRASAG constitutions. Below are our views;

1.       Article 64 (Transitional Provisions) of GRASAG UENR constitution has not being followed.

2.      It is important to draw on the wisdom of Ghana’s Presidential transition Act (Act 845) because the GRASAG UENR constitution is subject to Ghana’s constitution and all laws of the republic as per Article 1 clause 2 of the   national and local GRASAG constitutions. It would be relevant to draw lessons from the Presidential transition Act (Act 845) which is a law by itself and second in the rank after the constitution.

Functions of the Transition Team As Per Act 845

Section 2.

The functions of the Team are;

(a) To make comprehensive practical arrangements to regulate, in accordance with this Act, the transfer of political power following a presidential election and a general election;

 (b) To ensure the provision of daily national security briefings for the person elected as President during the period before the assumption of office by the person elected as President; (c) To ensure that the salaries, allowances, facilities, privileges and the retiring benefits or awards as determined (i) by the President under clause (1) of article 71, and (ii) by Parliament under clause (2) of article 71 and which are due to the holders of the offices specified in article 71 of the Constitution are paid or accorded to those persons without undue delay; and (d) to undertake any other function which will enable the Team to achieve the object of this Act.

Handing-over Notes As Per Act 845

Section 6

(1) The Office of the President shall-prepare a set of comprehensive handing-over notes covering the term of office, of the President as the executive authority under article 58 of the Constitution.

(2) Their notes prepared under subsection (1) shall include (a) the handing-over notes received by the President and the Ministers on assuming office, and (b) report on the activities of.

 (1) The Office of the President and the Office of the Vice President, and of the agencies under the portfolios of the President and of the Vice-President,

(ii) The Ministries, departments and the agencies, and (3) The handing-over notes shall reflect the accurate developments which have taken place during the tenure of office and the projections of development to take place before the end of the full tenure. (4) The original and five other copies of the handing-over notes shall be presented to the Administrator-General appointed under section 8 (2) not later than thirty days before the date of the presidential election. (5) The handing-over notes may, in addition, be in electronic form.

Drawing inspiration from the letter and spirit of the clauses stated above;

The incoming President together with his executives should be provided periodic briefings on decisions taken by outgoing executives including decisions and actions regarding congress and use of the associations’ funds. We advise that no funds should be withdrawn on behalf of the association without extensive consultation with incoming executives.

3.       We refer you to you of a breach in fulfilling article 56 in its entirety and clause 3 of article 56 in particular of the GRASAG UENR Constitution which states;

“Auditing of the GRASAG-UENR account(s) shall be done at the end of every semester and in the case of the second semester it shall be done before handing over”.

 

4.      Article 44 of GRASAG UENR Constitution states;

“The elected officers of GRASAG-UENR shall resume office within fourteen (14) days after the declaration of GRASAG-UENR election results unless otherwise decided by the Senate”.

Your honour, this has being breached.

5.      We wish to draw your attention to the fact that, the Judicial Chair and some outgoing executives would be graduating on August 10th, 2019 and outgoing executives who graduated will cease to be students at the University immediately after congregation. The question is “In what capacity would “non-student executives” hand over? We need to avoid this constitutional crises and swear in new executives immediately

6.      It is, however, instructive to note that, General elections to students’ leadership positions of GRASAG-UENR should have taken place within ten (10) weeks of the commencement of the second semester. This should have been in May 2019 as per Article 37 of GRASAG UENR Constitution and a resumption of office in June 2019.

7.       It is our firm believe that in the interest of ensuring a smooth take-off of the 2019/2020 administration of GRASAG, the incoming executives should be given the opportunity to take decisions which may after them in the 2019/2020 academic year which includes a selection of new GRASAG national executives, fees negotiation among other pressing issues.

To conclude, the framers of the constitution envisaged an early swearing-in thus informing general elections within ten (10) weeks of the commencement of the second semester and handing over within 14 days after declaration of results. If we have flouted holding general elections in May 2019 and handing by 2nd week in June 2019 let us do well to preserve the intent of the framers of the constitution  by swearing Executives elect on or before August 4, 2019.

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