The Minority in Parliament has accused President John Dramani Mahama of breaching Article 60 of the 1992 Constitution, alleging that Ghana currently lacks a constitutionally recognized Acting President.
This follows the simultaneous absence from the country of President John Dramani Mahama, Vice President Prof. Jane Naana Opoku-Agyemang, and Speaker of Parliament Alban Bagbin. Meanwhile, the Chief Justice, Gertrude Torkornoo, has been suspended and is currently replaced only by an acting official.
No official has been sworn in to act as President during this period, raising what the Minority calls a serious constitutional concern.
Speaking to Starr News, Member of Parliament for Suame, John Darko described the situation as a potential constitutional crisis.
“When the President leaves the country and does not ensure that someone is sworn in as Acting President, he violates Article 60 of the 1992 Constitution. Such actions invite constitutional consequences. I do not seek his removal, but his conduct has triggered constitutional provisions that could justify it. This is a serious breach of our Constitution,” he said.
According to Article 60, when both the President and Vice President are out of the country or unable to perform their functions, the Speaker of Parliament must be sworn in to act as President. Mr. Darko noted that the President was fully aware that the Speaker had traveled before his own departure.
“The Speaker left on Thursday. This is not opinion.It’s fact. When the President took the oath of office, he pledged to uphold the Constitution. Is he now ready to face the consequences of violating it?” he asked.
Mr. Darko concluded by urging Ghanaians to hold the President accountable:
“As citizens, we must all stand up against this disregard for our Constitution. The President must answer for his actions.”
The Minority has vowed to initiate impeachment proceedings against President Mahama, describing the situation as an “egregious breach” of constitutional provisions.
Article 60 – The Vice-President And Succession To The Presidency
(1) There shall be a Vice-President of Ghana who shall perform such functions as may be assigned to him by this Constitution or by the President.
(2) A candidate for the office of Vice-President shall be designated by the candidate for the office of President before the election of the President.
(3) The provisions of article 62 of this Constitution apply to a candidate for election as Vice-President.
(4) A candidate shall be deemed to be duly elected as Vice-President if the candidate who designated him as candidate for election to the office of Vice-President has been duly elected as President in accordance with the provisions of article 63 of this Constitution.
(5) The Vice-President shall before commencing to perform the functions of Vice-President, take and subscribe the oath of allegiance and the Vice-Presidential oath set out in the Second Schedule to this Constitution.
(6) Whenever the President dies, resigns or is removed from office, the Vice-President shall assume office as President for the unexpired term of office of the President with effect from the date of the death, resignation or removal of the President.
(7) Where the unexpired term served by the Vice-President under clause (6) of this article exceeds half the term of a President, the Vice-President is subsequently only eligible to serve one full term as, President.
(8) Whenever the President is absent from Ghana or is for any other reason unable to perform the functions of his office, the Vice-President shall perform the functions of the President until the President returns or is able to perform his functions.
(9) The Vice-President shall, before commencing to perform the functions of the President under clause (6) of this article, take and subscribe the oath set out in the Second Schedule to this Constitution in relation to the office of President.
(10) The Vice-President shall, upon assuming office as President under clause (6) of this article, nominate a person to the office of Vice-President subject to approval by Parliament.
(11) Where the President and the Vice-President are both unable to perform the functions of the President, the Speaker of Parliament shall perform those functions until the President or the Vice-President is able to perform those functions or a new President assumes office, as the case may be.
(12) The Speaker shall, before commencing to perform the functions of the President under clause (11) of this article, take and subscribe the oath set out in relation to the office of President.
(13) Where the Speaker of Parliament assumes the office of President as a result of the death, resignation or removal from office of the President and the Vice-President, there shall be a presidential election within three months after his assumption of office.
(14) The provisions of article 69 of this Constitution shall apply to the removal from office of the Vice-President.
Source: Ghana/Starrfm103.5FM/Benjamin Sackey
