Status of a converted statutory corporation as a public corporation
Ghana Telecom after its conversion into a public company limited by shares in 1995, was no longer part of the public service because by operation of law, it ceased to be a public corporation as stipulated in Article 190(1)(b)&(4) and Article 192 of the 1992 Constitution and the schedule to Act 461. Thus, upon a true and proper interpretation of Article 190(1)(b) of the Constitution 1992 and Statutory Corporation (Conversion to Companies Act, 1990 (Act 461), Ghana Telecommunications Company Ltd ceased to be part of the public service from 1995.
After a thorough review and consideration of this issue and the relevant constitutional provisions we hold that members of the governing bodies of statutory boards, corporations, authorities (howsoever described) are not members of the public services, and not public officers by virtue of their membership of the governing body of a statutory board or corporation. They are therefore not governed by article 191(b) of the Constitution.
