ARTICLE 66 OF THE CONSTITUTION IS CLEAR ON THE PRESIDENTIAL FORTUNES OF MAHAMA BUT THE SUPREME COURT IS THE BEST INTERPRETER – LAWYER.
Court documents leaked on social media indicated that the former president, who was recently elected by the NDC to be its candidate for the 2024 presidential elections, had been sued over his eligibility to contest in the next presidential election.
The suit which was filed by one Kenneth Kwabena Agyei Kuranchie wants the Supreme Court of Ghana to disqualify the former president from contesting as a flagbearer of a political party or the presidency in the future.
According to him, Article 66 (1) of the 1992 Constitution indicates that a person seeking a second presidential term must be a sitting president but former President Mahama is seeking to recontest after being out of office for about 8 years.
Lawyer Samuel Agyei speaking in an interview on High Radio Morning Show dubbed High Morning Breeze chaired By Kwaku Mensah Abrampa explained that articles 66 (1 and 2) of the 1992 Republican constitution state that a person elected as President shall hold office for a term of four years beginning from the date on which he is sworn in as President and so a person shall not be elected to hold office as President of Ghana for more than two terms recounting that the person must be elected for and sworn in for the first four years with the same approach for the next four years to complete their two terms for the presidency.
He reiterated that considering the case of Former president John Mahama, he was only sworn in to complete the tenure of the late president Atta Mills and subsequently elected and sworn in as president stressing that the constitution was silent as to whether the president is subjected to only elections and swearing in or swearing in alone without the election and vice versa adding that it will be appropriate for only the apex court of the land (Supreme Court) to give an accurate interpretation and verdict of the eligibility of Mahama to run for the presidency as demanded by Mr. Kenneth Kwabena Agyei Kuranchie in his lawsuit against the former president.
In the case of NDC’s decision to re-present Mr. Gyaakye Quason as their parliamentary candidate for the Assin North By-election despite the office of the Attorney General’s claims of his potential 10 years imprisonment for perjury if found guilty of the criminal charges leveled against him, Lawyer Samuel Agyei stressed that NDC is taking a huge risk with their decision but their decision stands because Gyaakye Quason is currently the best belt for NDC as far as Assin North is concern explaining the meaning of perjury as a criminal offense of making a false statement under oath.
Story By: Flyfmghana.com/Kwaku Mensah Abrampa
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