US-based Ghanaian academician Professor Kwaku Asare has said President Akufo-Addo’s decision to call off the planned referendum through a TV broadcast will be invalid unless it goes through the appropriate constitutional processes.
The President in a televised address Sunday announced the cancellation of the referendum over what he says is lack of consensus.
“So fellow Ghanaians, it is of deep regret that I have given instructions to the minister for local government and Rural development who will spearhead the process with commendable vigour and dynamism on behalf of the government to abort the process and see to the withdrawal of the bills for the amendment of the constitution both in respect of article 24 (31) and Article 52 (2),” he said.
However, in a Facebook post, the lawyer said: “The President can not speak to the EC through TV broadcasts. The EC cannot suspend the referendum unless CI 120(13) is annulled.
“The bill cannot be withdrawn while there is a CI based on it! To annul the CI requires the vote of 2/3 majority of MPs. Rule of law is complicated when bills, CIs, and writ of referendum are triggered in a constitutional plane. One cannot simply withdraw a bill that has been held in abeyance by a CI”.