Court to Decide on Jerry Contesting 2004

The Dispatch, an independent bi-weekly carries that one of the greatest tasks facing the main opposition party, the National Democratic Congress (NDC) as it tries to re-organise, is the role of the former President, Jerry John Kwashie Rawlings. As per the 2000 NDC National Executive Congress, Rawlings will be considered as the Life Patron and Leader of the party.

There are however some members of the NDC who want to take the issue of whether the former President can contest the 2004 Presidential elections to the Supreme Court for a decision. Art. 66(2) of the Constitution states: "A person shall not be elected to hold office as President of Ghana for more than two terms."

Art. 66(1), "A person elected as President shall, subject to clause (3) of this article, hold office for a term of four years beginning from the date on which he is sworn in as President."

The intended court action is to enable the Supreme Court interpret whether Art. 66(2) means the "two terms" refers to a lifetime ban or to not more than two consecutive terms in office. Many constitutional lawyers the paper spoke to feel strongly that Art 66(2) interprets that it is a lifetime ban on J. J. not to ever contest the Ghanaian Presidency again.

Explaining their decision, a member of the group that intends to go to the Supreme Court said, "we would want a clearer interpretation of Art. 66(2), so that it eliminates a potential distraction as we try and re-build the NDC."