Over Dissolution of All Boards of Parastatals Bio Fires Another Misdirected Arrow
The latest Executive Order dissolving Boards of Parastatals and State Institutions is yet again beyond the powers conferred on the Presidency. The action is palpably illegal. (Photo: President Julius Maada Bio)
There are Boards that have tenure under the Statutes that created them, such as the ACC Board, under Section 22(5) of the 2008 Act, (5year term), Legal Aid Board Act 2012, Section 5(1) for a 3 year term (to name but a few).
The tenure of such Boards cannot be terminated by any means except that enacted by Parliament.
Those functions assigned to the Board by Statute cannot be performed by any other entity. Not even the Office of the President can substitute the Board.
The Executive Power to Hire & Fire is at all times subject to the Constitution and ANY OTHER LAW!
Therefore such Executive Powers are neither absolute nor unrestricted. Until the specified term of office of such Boards expire, not even the President has powers to dissolve them without recourse to Parliament.
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