Swearing–in Speaker as president is unconstitutional – Law Professor

Prof. Kweku Asare, a renowned constitutional lawyer is challenging the legitimacy of swearing-in the Speaker of Parliament to act as president; a practice which sparked a controversy in the recent past.

The certified fraud examiner argued that the absence of the President and his vice from the shores of Ghana does not mean they cannot carry out their constitutional obligations.

He was speaking at the maiden Starr FM Liberty Lectures, the US-based Professor said the law which demands that the Speaker be sworn-in in the president's absence and his Vice is flawed.

“Article 60 (11) is a specific command requiring no purpose interpretation… the article admits of no territorial restrictions, it doesn’t talk about being in Ghana or Togo, there are no territorial indications in that article, the President or the Vice President are actually performing their functions while overseas, in fact all you have to do is read article 68 to know that absence from Ghana doesn’t mean you are unable to perform.

“Somebody must be President but that person can be anywhere so far as that person is able to perform the functions of the President and the functions of the President involves external relations then we don’t have a problem.

“The Presidential Oath should not be easily and readily administered to persons on account of temporary official travels of the President, we have an executive presidency not a dual executive presidency”.

The Liberty Lectures was powered by Starr 103.5FM and was chaired by Justice Emile Short.