Vice-presidency is creation of Constitution - Dr Quashigah

Accra (Greater Accra) 9 Dec. ?99 - Dr Kofi Quashigah, a senior lecturer at the University of Ghana, Legon, on Wednesday said the office of Vice-President owes its existence to the Constitution and not to the Presidency.

He said even though the Vice-President is designated by the presidential candidate before elections, he is nevertheless, elected by the electorate, quoting Article 60 (2) of the Constitution to buttress his assertion.

Dr Quashigah was leading a round-table discussion on the "Vice-President (Succession) Bill, 1999", which, among other things, seeks to provide for the appointment and removal of the Vice-President in certain cases.

A memorandum accompanying the two-clause bill explained that the Constitution is silent on the appointment to the office of Vice-President, where the incumbent dies, resigns or is removed from office.

The Constitution also does not stipulate what should happen when the Vice- President joins a party in opposition to the President.

The bill, therefore, seeks to fill these loopholes, using the residual powers of Parliament in Article 298 of the Constitution.

The legislature is mandated to provide for matters to be dealt with where there is no provision or by necessary implication in the Constitution, to deal with them.

While most of the participants at the forum did not find any fault with clause one of the bill, which provides for the succession of the Vice-President, they found clause two, which deals with the vacation of office of the Vice-President, very controversial.

Clause one states in part that ''subject to Article 60 (2) of the Constitution, the President shall designate a successor to the office of the Vice-President for the unexpired term if the incumbent dies, resigns or is removed from office".

Clause Two, among other things, states: "If the Vice-President conducts himself in a manner likely to or in such a manner as to bring him into direct conflict with the President, he shall be deemed to have resigned his office".

Dr Quashigah said the Vice-President exists and is in office not at the will and pleasure of the President but by virtue of the Constitution.

He saw the bill as a proposed amendment or alteration of certain matters of Chapter Eight of the Constitution, saying the chapter is an entrenched provision and must be amended or altered in consonance with Chapter 25 of Article 290 of the Constitution.

He said the purported exercise of the powers of Parliament under Article 298 of the Constitution, is made subject to the provisions of Chapter 25 of the Constitution.

Dr Quashigah, therefore, said Article 290 (Chapter 25) amendment procedure requires a referendum.

"A constitutionally proper amendment or alteration as is being proposed in the bill, must go through the referendum process".

Dr Quashigah said that Clause 2 (2) of the bill raises some important constitutional questions.

He asked: "who determines that the conduct of the Vice-President is likely to or is such as to bring him into direct conflict with the President.

Again, he wanted to know whether it would be the President, the Legislature or the court, for instance, that would effect the removal from office in case the Vice-President does not consider himself as having resigned.

He questioned whether the letter and spirit of the Constitution permit the degree of subjection of the Vice-President to the 'whims and caprices' of the President as Clause 2 (2) seeks to imply.

Attempting to find answers to the questions, Dr Quashigah said it would almost invariably be the President who would determine the existence of a conduct that is likely to bring about the conflict.

He said in the absence of a clear indication, the answer to the second question follows from the first, that it would be the President himself who would likely enforce his decision.

He acknowledged that the executive authority of the country is vested in the President under Article 58 (1), but pointed out that with certain exceptions and restrictions, the President has authority for the government of the Ghana.

Nevertheless, he said, the Constitution considers the government as an entity different from, and wider than the President.

"Executive power, though vested in the President, is made subject to other provisions of the Constitution", he added.

Some of the contributors said since a Vice-President, who has become President as a result of the death, resignation or removal of the incumbent, can appoint a Vice-President, it stands to reason that the sitting President can also appoint a Vice-President when he dies, resigns or is removed from office.

Other contributors urged the legislature to resist any attempt to create a condition that would make it easier for the President to remove the Vice- President.

While a contributor noted that Clause 2 (2) of the bill attempts to make the Vice-President a mere appendage to the President another wondered whether it would be in the interest of the nation in a situation where there is a conflict between the President and the Vice-President.

Mr Justice V.C.R.A.C. Crabbe, a former Judge of the Superior Court of Judicature and former Electoral Commissioner chaired the function.

He commended the National Democratic Institute (NDI), sponsors of the forum and invited views on the bill from the public to enable the country to have a consensus on the legislation.

"We all have a stake in the matter. The issues raised in the bill are not for the legislators alone".

Participants included Members of Parliament and representatives from political parties, the government, academia, civil society, media, donor and diplomatic communities.