By Innocent Samuel Appiah
Appointment of Dennis Kwakwa as Executive Secretary of the Council of Indigenous Business Associations (CIBA) by President Akufo Addo is facing robust opposition from industry players for failing compliance test.
The appoint has drowned a wide spread criticism from unions resulting in a strongly worded statement aimed at getting the president to withdraw his appointee.
The controversy, sparked by a November 29, 2024, appointment letter from the Presidency, has triggered intense debate regarding the boundaries of executive authority and the significance of institutional protocols within Ghana’s governance framework.
President Nana Addo Dankwa Akufo-Addo’s appointment has faced challenges citing procedural impropriety and legal non-compliance.
In a strongly-worded statement from CIBA’s Accra headquarters, National Chairman Mr. Shallovern Srodah expressed deep disappointment over what he termed as “blatant disregard for established institutional protocols and legal requirements.”
Mr. Srodah highlighted multiple irregularities in the appointment process and emphasized that the board was completely bypassed in a decision impacting the organization’s leadership.
“This appointment signifies not just a procedural oversight but a fundamental breach of our governing laws,” Mr. Srodah asserted. “The Council of Indigenous Business Associations Act explicitly mandates prior consultation with both the Governing Board and the Public Services Commission.
These are not mere suggestions but legal imperatives aimed at safeguarding the institution’s integrity.” Revealing that the board first learned about the appointment through media reports, Mr. Srodah deemed this situation as “deeply problematic and potentially detrimental to our institutional framework.”
He stressed that CIBA, representing over 50,000 indigenous businesses, necessitates careful consideration and extensive stakeholder engagement in its leadership selections.
Mr. Srodah underlined the board’s commencement of formal proceedings to challenge the appointment, including the preparation of a comprehensive documentation outlining the legal breaches.
“We are assembling a detailed legal position paper to be submitted to the Presidency, the Attorney General’s office, and other relevant authorities,” he disclosed.
Expressing concerns over the potential impact on CIBA’s operations and its service to constituents, Mr. Srodah affirmed, “Our organization plays a crucial role in supporting and promoting indigenous businesses across Ghana.
Any leadership appointment should consider the unique challenges and opportunities facing our members.”
Governance experts and legal scholars in Ghana are deliberating the implications of this unprecedented situation.
Dr. Esther Akpene of the Center for Public Sector Reform described it as “a textbook example of how institutional processes should not be circumvented,” emphasizing its potential influence on future discussions about executive appointments and institutional autonomy.
The legal controversy revolves around Section 5(1) of the Council of Indigenous Business Associations Act, 1993 (PNDCL 312), necessitating prior consultation with both the Governing Board and the Public Services Commission for such appointments.
The presidential appointment letter acknowledged this requirement while seemingly sidestepping it, leading legal experts to describe it as a “procedural paradox.” Constitutional law experts emphasize the wider constitutional implications, raising serious questions about the interpretation and application of statutory requirements in executive appointments.
This situation underscores the importance of respecting institutional frameworks and the balance of power between executive authority and governance structures.
The business community’s concerns about CIBA’s effectiveness as an organization representing over 50,000 indigenous businesses mirror the need for proper governance and leadership legitimacy.
The ongoing controversy could create uncertainties affecting confidence in the institution’s advocacy for indigenous business interests.
The situation has triggered discussions on reforming Ghana’s public appointment processes to establish clearer guidelines and transparent procedures for executive appointments, aiming to avert similar controversies in the future.
Civil society organizations are monitoring the situation closely, with the Ghana Center for Democratic Development (CDD-Ghana) planning an in-depth study of public sector appointment processes using the CIBA case as a pivotal point for analyzing institutional governance challenges.