Accra, Jan 28, GNA - The Supreme Court, by a unanimous decision, on Wednesday dismissed a writ filed by a United States-based Ghanaian Professor challenging the legality of the Speaker of Parliament acting as President in the absence of both the President and his Vice.
The five-member panel, presided over by the Chief Justice, Mr Justice Kingsley Acquah, stated that since the Speaker had sworn the Presidential Oath, it was not out of place for him to act as President in the absence of both the President and his Vice whenever they were out of the country on official assignments.
The court, therefore dismissed the application, but did not award any cost against Professor Stephen Asare, lecturer at the University of Florida, who brought the application.
The four other panel members were Mr Justice Sam Glenn Baddoo, Dr Justice Seth Twum, Professor Justice AKP Kludze and Dr Justice SK Date-Bah. Dr Date-Bah read the leading ruling of the court while Prof. Kludze gave out the supporting one.
On February 21 last year, President John Agyekum Kufuor sent a communication to Parliament informing the House of his three-day advance trip to Australia on official duties from March 2 to 5. In that same communication, the President indicated that his Vice, Alhaji Aliu Mahama would also travel outside on a similar mission from February 24 to 27.
As a result, the President informed the House that due to the powers conferred on him by the Constitution, the Speaker was to act as President in their absence.
On February 25, therefore, the Speaker, Mr Peter Ala Adjetey was sworn in as acting President.
Three days later, on February 28, Prof Asare, wanting to test the constitutionality of the order from the President, filed his writ at the Supreme Court.
In his writ, the Florida-based lecturer was praying the highest court of the land to give the true interpretation of Article 60(11) of the Constitution, since in his view, "the purported swearing-in of the Speaker is a flagrant and contemptuous violation of the constitution occasioned by a mis-appreciation and mis-apprehension of the law." Prof Asare contended that the purported swearing-in of the Speaker as President was inconsistent with and in contravention of the law, and for that matter was ultra vires and unconstitutional.
Furthermore, the lecturer was requesting the Supreme Court to grant an order of perpetual injunction, restraining the Speaker or any other person from executing the functions of the President, except in the event of illness, resignation or death of both the President and his Vice.
In Prof Asare's view the Speaker's appointment would create the impression that, in the absence of the President and his Vice, there were multiple presidents, each exercising executive powers. He argued, "the President remains the President of Ghana, wherever he is, within or outside the country, unless his term of office expires, in the event of death, resignation, or removal, in accordance with the provisions of the 1992 Constitution."
Accra, Jan 28, GNA - The Supreme Court, by a unanimous decision, on Wednesday dismissed a writ filed by a United States-based Ghanaian Professor challenging the legality of the Speaker of Parliament acting as President in the absence of both the President and his Vice.
The five-member panel, presided over by the Chief Justice, Mr Justice Kingsley Acquah, stated that since the Speaker had sworn the Presidential Oath, it was not out of place for him to act as President in the absence of both the President and his Vice whenever they were out of the country on official assignments.
The court, therefore dismissed the application, but did not award any cost against Professor Stephen Asare, lecturer at the University of Florida, who brought the application.
The four other panel members were Mr Justice Sam Glenn Baddoo, Dr Justice Seth Twum, Professor Justice AKP Kludze and Dr Justice SK Date-Bah. Dr Date-Bah read the leading ruling of the court while Prof. Kludze gave out the supporting one.
On February 21 last year, President John Agyekum Kufuor sent a communication to Parliament informing the House of his three-day advance trip to Australia on official duties from March 2 to 5. In that same communication, the President indicated that his Vice, Alhaji Aliu Mahama would also travel outside on a similar mission from February 24 to 27.
As a result, the President informed the House that due to the powers conferred on him by the Constitution, the Speaker was to act as President in their absence.
On February 25, therefore, the Speaker, Mr Peter Ala Adjetey was sworn in as acting President.
Three days later, on February 28, Prof Asare, wanting to test the constitutionality of the order from the President, filed his writ at the Supreme Court.
In his writ, the Florida-based lecturer was praying the highest court of the land to give the true interpretation of Article 60(11) of the Constitution, since in his view, "the purported swearing-in of the Speaker is a flagrant and contemptuous violation of the constitution occasioned by a mis-appreciation and mis-apprehension of the law." Prof Asare contended that the purported swearing-in of the Speaker as President was inconsistent with and in contravention of the law, and for that matter was ultra vires and unconstitutional.
Furthermore, the lecturer was requesting the Supreme Court to grant an order of perpetual injunction, restraining the Speaker or any other person from executing the functions of the President, except in the event of illness, resignation or death of both the President and his Vice.
In Prof Asare's view the Speaker's appointment would create the impression that, in the absence of the President and his Vice, there were multiple presidents, each exercising executive powers. He argued, "the President remains the President of Ghana, wherever he is, within or outside the country, unless his term of office expires, in the event of death, resignation, or removal, in accordance with the provisions of the 1992 Constitution."
