Speaker
of Parliament, Rt. Hon. Edward Doe Adjaho is currently the President of
Ghana after being sworn in by the Chief Justice Georgina Theodora Wood
Tuesday morning.
This follows the absence of both President John
Mahama and his Vice, Kwasi Amissah Arthur from Ghana on state visits to
the Republics of Scotland and India respectively.
This is the third time in recent times that the Speaker has acted as President, but in those instances he was sworn in twice.
The Speaker’s swearing is in accordance with Article 60(11) of the 1992 Constitution of Ghana.
The
Supreme Court in December 3, 2015 ruled that Speaker of Parliament
Edward Doe Adjaho violated the Constitution when he refused to take the
oath of office as President in the absence of both the president and his
vice from Ghana.
The apex court of Ghana ruled on the matter
brought before it by Chief Executive of Accra-based City FM, Mr. Samuel
Atta Mensah, and US-based Ghanaian lawyer, Prof. Stephen Kwaku Asare.
A
nine-member Supreme Court panel chaired by Justice Sophia Akuffo ruled
that the Speaker is obliged to take the oath of office as president
whenever both the president and his vice are out of the jurisdiction.
Article
60 (11) and (12) of the 1992 Constitution states that: “(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.”
In
line with the Constitutional provision, the Chief Justice Theodora
Georgina Wood on two occasions in November last year went to Parliament
to swear-in the Speaker in the absence of President John Mahama and his
vice Paa Kwesi Amissah-Arthur.
But on both occasions, Doe Adjaho refused to be sworn in despite accepting to act as president.
He told Members of Parliament there was no point in repeating an oath he had taken in September 2013. |
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