Press Release On Supreme Court Decision

In the early hours of 2/25/2002, the then Chief Justice E. K. Wiredu swore in Speaker Peter Ala Adjetey, as acting President, while President John Kuffuor and Vice President Aliu Mahama had traveled outside the country on national assignments. Because I believed this was an act of bold and plain usurpation, to which the constitution did not give countenance, I asked the Supreme Court to declare the purported swearing-in as unconstitutional, void and of no effect. I also asked for a perpetual injunction to restrain Speaker Adjetey, and any other person succeeding to the Office of Speaker of Parliament, from performing the functions of President of the Republic of Ghana except in the event of the President and the Vice-President being unable to perform the functions of the President. Unable, of course, is to be accorded its ordinary meaning and, for the avoidance of doubt, does not extend to a situation where the President is able to and is, as in the extant matter, performing his job in another country.

This morning, close to two years since my request, the Court, in a unanimous decision, dismissed the writ. In dismissing the writ, the Court thereby accepted the position that the President is unable to perform his functions when he travels outside the country. Further, the court’s ruling implies that it is acceptable for the legislative head, who may come from a different political party, to act as President when the substantive President is unable to perform his functions by being outside the country.

Naturally, I am disappointed by this outcome but wholeheartedly accept the Court’s decision since the constitution endows the Court with the final say on constitutional disputes.

Some of you have asked me why it was important for me to go the Court with this issue, which seemingly caused no palpable harm to the republic. The answer is that it went to the very core of the separation and equilibration of government powers.

I want to thank my attorneys, Dr. P. E. Bondzi-Simpson and Jacob Acquah-Sampson, for ably litigating this matter. I also want to thank participants on Okyeame and SIL for all their helpful comments on this matter. Finally, I commend the Court for not awarding court costs. By that action, the Court has signaled that the Court will not penalize Private Attorney Generals who file meritorious writs, aimed at defending the constitution.

Thank you and God bless our homeland Ghana!