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General News of Tuesday, 11 November 2014

Source: peacefmonline.com

Doe Adjaho must face the music – Kabila

Former National Youth Organizer of the Convention People's Party (CPP), James Kwabena Bomfeh has accused the Speaker of Parliament of committing a "high crime" for refusing to be sworn-in as President of the Republic.

Contributing to a panel discussion programme "Kokrokoo" on Peace FM, James Kabila claimed the Speaker of Parliament, Edward Doe Adjaho, has breached the 1992 constitution.

According to him, the Speaker will have to face the full rigors of the law for not properly ascending to the Presidential throne in the absence of the President, John Dramani Mahama and his Vice Kwesi Amissah-Arthur, who both left the shores of the country.

Kabila inferred from the constitutional provisions mandating the Speaker to be sworn-in as Head of State.

President Mahama travelled to Burkina Faso Wednesday while his vice Kwesi Amissah-Arthur was also in India on an official visit. Mahama returned home shortly and then took off to Nigeria Friday.

He is currently on an official visit to the Vatican Sunday. All these travels come on the heels of an earlier two week sojourn to the UK, Denmark and Norway.

Kabila quoted extensively from Article 60 (11) of Ghana’s 1992 Constitution which states: “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.”

Also Article 60(12) of the Constitution states that: “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 the President.”

But reports indicate the Speaker, Edward Doe Adjaho would not allow the Chief Justice to swear him in as the acting President. He reportedly argued that his September 19, 2013 subscription to the same oath when both the President and the Vice President were out of the country, still held sway, thus unnecessary for him to be sworn in afresh by the Chief Justice

“He has erred and of course the law should take its course,” the CPP former National Youth Organiser.

He slammed the Speaker, asserting that Article 2 of the constitution, clause 2 states that "The Supreme Court shall, for the purposes of a declaration under clause (1) of this article, make such orders and give such directions as it may consider appropriate for giving effect, or enabling effect to be given, to the declaration so made. (3) Any person or group of persons to whom an order or direction is addressed under clause (2) of this article by the Supreme Court, shall duly obey and carry out the terms of the order or direction."

"[Clause 4] Failure to obey or carry out the terms of an order or direction made or given under clause (2) of this article constitutes a high crime under this Constitution and shall, in the case of the President or the Vice President, constitute a ground for removal from office under this Constitution," Kabila advised the Speaker.