Where did you schooled you call people names? Do you live in a shark you are using this as a escapegoat to hide your inferiority complex?
Where did you schooled you call people names? Do you live in a shark you are using this as a escapegoat to hide your inferiority complex?
Nyansasem 10 years ago
Kwaku, you have done what Napoleon couldn't do. Not only did you singularly stop Atuguba's barbaric behavior on the Supreme Court, but you also taught the uninformed judges how to apply the contempt of the law in our land.
... read full comment
Kwaku, you have done what Napoleon couldn't do. Not only did you singularly stop Atuguba's barbaric behavior on the Supreme Court, but you also taught the uninformed judges how to apply the contempt of the law in our land.
In view of this, we the people of Ghana want to thank you for your courageous work. Please, accept our reward and add "OBENEFO" and "KATAKYIE" or NII or TOGBE or anything to your great name- Henceforth, your name will be- Obenefo Okatakyie Kwaku Asare.
I also like your conclusion for this article. Even though, some people want to equate us to animals and believe that we will burn Ghana, we had gone through worse than this, and we will remain peaceful after this verdict.
My fear is neither with Akufo nor Mahama; it is with the barbaric fool-soldiers who have nothing in their coconut heads as seen on Ghanaweb. They are my fear. It is this reason why I have embarked on 40-day fasting to seek the lord's face not to change anything, but to let Mahama continue his presidency till 2016.
Even though, the stealing goes on unabated and Ghana has become a Captain-less Ship, I prefer that than to see these useless fool-soldiers destroying my country.
komlnyarko 10 years ago
Hmmmm! Is this Kwaku Azar speaking? Wonders, they say, will never end.
Hmmmm! Is this Kwaku Azar speaking? Wonders, they say, will never end.
Wiafe 10 years ago
Mr. Asare--Why not spend some of your legal knowledge to help fight the Florida state immoral stand your ground laws that are hunting and killing poor African kids?
Mr. Asare--Why not spend some of your legal knowledge to help fight the Florida state immoral stand your ground laws that are hunting and killing poor African kids?
Kofi 10 years ago
Why should he? Doesn't he have the right what to do with himself? Dr. Asare is a Ghanaian and has the right to contribute in his own way to Ghana. Wiafe is not more Ghanaian than Asare.
Why should he? Doesn't he have the right what to do with himself? Dr. Asare is a Ghanaian and has the right to contribute in his own way to Ghana. Wiafe is not more Ghanaian than Asare.
Kojo T 10 years ago
It is said " brighten the corner in which you are" Azar join in that fight
It is said " brighten the corner in which you are" Azar join in that fight
Obibini 10 years ago
I am sorry but you are so drunk in your viewpoint you are unwilling to be sober to see other shades of an issue.
You should read Dr Asare's writings on the 2012 Election petition court case . YOU MAY LEARN SOMETHING.
I am sorry but you are so drunk in your viewpoint you are unwilling to be sober to see other shades of an issue.
You should read Dr Asare's writings on the 2012 Election petition court case . YOU MAY LEARN SOMETHING.
Mansa Musa 10 years ago
Sensible, as always. Ja bless u.
Sensible, as always. Ja bless u.
Kakraba Cromwell 10 years ago
I am so shocked that Prof Asare can write such a sensible article.
Maybe I just woke up in Mars.
Some one please Tell me I am not dreaming?
I am so shocked that Prof Asare can write such a sensible article.
Maybe I just woke up in Mars.
Some one please Tell me I am not dreaming?
Mike Essien 10 years ago
The guy is always sensible. Let us give him that. Maybe he is saying what you like this time and that is why you like it. But this author says it as he sees it all the time.
The guy is always sensible. Let us give him that. Maybe he is saying what you like this time and that is why you like it. But this author says it as he sees it all the time.
Kakraba Cromwell 10 years ago
Dear mike,
I beg to disagree with you on Asare. Apart from this article I have not been impressed with his articles on free speech. He was too partisan
Dear mike,
I beg to disagree with you on Asare. Apart from this article I have not been impressed with his articles on free speech. He was too partisan
Kofi Ansah 10 years ago
I thought his articles on free speech were apolitical and was in defense of Awuku and Atubiga as well as all Ghanaians? Even the Supreme Court appeared to agree with him when it abandoned the disgraceful inquisitions. You may ... read full comment
I thought his articles on free speech were apolitical and was in defense of Awuku and Atubiga as well as all Ghanaians? Even the Supreme Court appeared to agree with him when it abandoned the disgraceful inquisitions. You may not like his politics but be a little objective, Kakra.
YB 10 years ago
Too partisan? Maybe you are too partisan, that is why you saw it that way. The SC cannot act as the complainant as well as a prosecutor. This is simple logic. Try and place yourself in the shoes of others if you want to be no ... read full comment
Too partisan? Maybe you are too partisan, that is why you saw it that way. The SC cannot act as the complainant as well as a prosecutor. This is simple logic. Try and place yourself in the shoes of others if you want to be non-partisan.
Kwaku Azar 10 years ago
What is so sensible about the article?
What is so sensible about the article?
BOY KOFI 10 years ago
Nana Addo has created a very bad name for himself when it comes to élections.This petition is a predetermined action,a sequence of his 2008 defeat.It has nothing to do with justice but a rancour like what Shylock in Venice o ... read full comment
Nana Addo has created a very bad name for himself when it comes to élections.This petition is a predetermined action,a sequence of his 2008 defeat.It has nothing to do with justice but a rancour like what Shylock in Venice of Merchant did.Law is law but it does not have to be selective.I would like to see the sagess of King Solomon in our judges.Thank you.
YB 10 years ago
That is your myopic opinion and you are entitled to it just as Nana Addo had the right to go to Court. Even the NDC concedes there were some irregularities so what's your problem? Let's do away with these unnecessary propagan ... read full comment
That is your myopic opinion and you are entitled to it just as Nana Addo had the right to go to Court. Even the NDC concedes there were some irregularities so what's your problem? Let's do away with these unnecessary propaganda allow democracy to thrive.
BOY KOFI 10 years ago
Irregularities do not mean the declared results have to be over turned.The petition is a premeditated one,a sequence of 2008.I mean Nana Addo filed it in bad faith,in a racourous manner.I am saying the judges will not give Gh ... read full comment
Irregularities do not mean the declared results have to be over turned.The petition is a premeditated one,a sequence of 2008.I mean Nana Addo filed it in bad faith,in a racourous manner.I am saying the judges will not give Ghanaians a selective justice.Why do you say it's myopic?Law is law but it should not be selective in application and interpretation.We all want true justice void of rancour and premeditation.Think about it.Thank you.
YAO, LONDON 10 years ago
WELL DONE FOR YOUR MEANINGFUL AND EDUCATIVE ARTICLE. GOD BLESS U AND MOTHER GHANA AS A WHOLE
WELL DONE FOR YOUR MEANINGFUL AND EDUCATIVE ARTICLE. GOD BLESS U AND MOTHER GHANA AS A WHOLE
Osabere kotoko 10 years ago
Just hope the loser doesn't seek judicial review as per monah. Monah v. SC (2013)
Just hope the loser doesn't seek judicial review as per monah. Monah v. SC (2013)
Forson 10 years ago
TO YOUR QUESTION, AKUFFO ADDO WILL CAUSE SUICIDE, PERIOD!
TO YOUR QUESTION, AKUFFO ADDO WILL CAUSE SUICIDE, PERIOD!
Dr. John 10 years ago
That a Ghanaian wrote an article at do not have a single "NPP", or "NDC" in it. This article focuses on common sense. I would like to see you do a follow-up article on how you arrived to the conclusions as it pertains to the ... read full comment
That a Ghanaian wrote an article at do not have a single "NPP", or "NDC" in it. This article focuses on common sense. I would like to see you do a follow-up article on how you arrived to the conclusions as it pertains to the laws ascribed to in the Constitution. You have mentioned some of that, but more is needed. I am in my late 80's and was a constitutional attorney for nearly 50 years. I am too old to fight this battle with obstinate folks.
Al Gashari 10 years ago
Asare is saying that either the SC declares Mahama validly elected or Akufo-Addo validly elected or that none of them has been validly elected.
These are the possible "logical" outcomes. You don't have to be a lawyer to k ... read full comment
Asare is saying that either the SC declares Mahama validly elected or Akufo-Addo validly elected or that none of them has been validly elected.
These are the possible "logical" outcomes. You don't have to be a lawyer to know that. Or is there any other possible outcome? Since there is an odd number of justices on the court (9) there cannot be a tie which would mean they could not come to a conclusion. A split decision will fall in one of his categories.
The only thing Asare is saying is that people should accept whatever decision the court arrives at. But everybody knows that is what should be done. Nothing new there either.
In the end, Asare (who is secretly hoping that the court will declare Akufo-Addo the valid winner if you read between the lines of his numerous articles on this topic) has said nothing that adds to our knowledge.
Kwaku Azar 10 years ago
I actually did not intend to say anything new beyond asking the main actors to conceed and to present an amicable front to catalyze the healing process and return to political normalcy.
I actually did not intend to say anything new beyond asking the main actors to conceed and to present an amicable front to catalyze the healing process and return to political normalcy.
BOY KOFI 10 years ago
NPP did not prove anything with their pink sheets. Addison attempting to tender faked evidence. This will not happen. Thank You.
NPP did not prove anything with their pink sheets. Addison attempting to tender faked evidence. This will not happen. Thank You.
tiger shark 10 years ago
The SC will decide only on the following two Points.
1.If there were irregularities at the 2012 polls
2.If any irregularities at all and if they have affected the results of the polls.
The SC is not going to declare a new
... read full comment
The SC will decide only on the following two Points.
1.If there were irregularities at the 2012 polls
2.If any irregularities at all and if they have affected the results of the polls.
The SC is not going to declare a new
winner.The Person who declares winners
at polls said clearly he has no Basis to declare the petitioners as winners.
Stop the wild speculation.The petitioners couldnt prove any of their allegations so things will remain the same the SC cannot Change
anything
Kofi Ata, Cambridge, UK 10 years ago
Azar, the learning exercise and reform by the EC cannot wait till the SC judgement. It must begin now and continue after the final decision, whether there will be a re-run or not and until 2016.
It was clear from the heari ... read full comment
Azar, the learning exercise and reform by the EC cannot wait till the SC judgement. It must begin now and continue after the final decision, whether there will be a re-run or not and until 2016.
It was clear from the hearing that, those recruited by the EC to manage the 2012 presidential election were not up to the task. For this reason, the EC must immediately develop better policies and strategies for recruiting and training electoral officers. The EC must also retrain its permanent staff in the area of their oversight over temporal electoral officers.
Again, the political parties must also begin to train their supporters, especially, those they rely on as polling agents during elections.
Kwaku Azar 10 years ago
Kofi
I agree. Great points
Kofi
I agree. Great points
Yaw Amofa 10 years ago
How can there be peace if you are going to declare and alreday declared results? Just because some morons think they should have won? Very terrible precedent is about to be set. Now the Electoral Commission will be seriously ... read full comment
How can there be peace if you are going to declare and alreday declared results? Just because some morons think they should have won? Very terrible precedent is about to be set. Now the Electoral Commission will be seriously weakened, now after every election, some one will go to court.
Kofi Ansah 10 years ago
You mean we should just live with anything the EC declares?
You mean we should just live with anything the EC declares?
Okonko Palm 10 years ago
The analysis and the various scenarios were well articulated and broadly represent a fair a comment although there were hints of partisan twists here and there.
My only reservation though was the scenario where in case of ... read full comment
The analysis and the various scenarios were well articulated and broadly represent a fair a comment although there were hints of partisan twists here and there.
My only reservation though was the scenario where in case of a runoff the president should immediately vacate the presidency for the speaker to act in the interim.
Under the constitution the incumbent remains the president until a declaration of a new president and that must remain the procedure.
We wish the parties well as well as the judges and hope this long saga will come to an amicable end.There is a saying that the child who keeps the mother awake all night will have no sleep as well.So whether the EC had dared the npp to go court and whether as a result the npp had taken up the challenge is neither here nor there.It has been a bitter lesson for all parties.
Now the combatants should go home and lick their wounds.The obvious decision of the court must be respected by all including Kwaku Asare.He must his turn his attention to be objective in his political jurisprudence next time.
Kwaku Azar 10 years ago
You said that "under the constitution the incumbent remains the president until the declaration of a new president."
I will amend that as follows:
under the constitution the validly elected incumbent remains the presid ... read full comment
You said that "under the constitution the incumbent remains the president until the declaration of a new president."
I will amend that as follows:
under the constitution the validly elected incumbent remains the president until the declaration of a new president.
Okonko Palm 10 years ago
Fair enough Azar.
Fair enough Azar.
Kobbie Quansah 10 years ago
In this scenario yes Mahama will have to vacate for the Speaker to assume the Presidency because there was no winner. His incumbency was in dispute that is why the matter was brought to court. S Kwaku Asare is thus perfect in ... read full comment
In this scenario yes Mahama will have to vacate for the Speaker to assume the Presidency because there was no winner. His incumbency was in dispute that is why the matter was brought to court. S Kwaku Asare is thus perfect in his analysis and presentation.
Prof Lungu 10 years ago
We agree with the broad outlines of the analyses. The concession speech/gathering would be a beneficial act. But, on the other side of concession is recognition of the good "fighter", the good loser (vice sore loser), so to s ... read full comment
We agree with the broad outlines of the analyses. The concession speech/gathering would be a beneficial act. But, on the other side of concession is recognition of the good "fighter", the good loser (vice sore loser), so to speak.
Further, we have no reason to believe Professor Kwaku Asare responds to comments with respect to the articles he publishes on Ghanaweb.
Having read many of his essays on Contempt Citations, we've found one valid strain of complaint/exasperation with Professor Asare that he might want to consider addressing in the future.
This relates to the freedoms he and many thoughtful Ghana-centered Diasporians are championing for Ghanaians, versus the real abrogation of freedoms in the US (Voter ID, Stand Your Ground/Trayvon Martin, roll-back of Roe-vs-Wade, Anti-Labor/Union Laws, with the State of Florida as the primary ground/origin, in most cases). Question is, how is one (a Floridian, excuse the pun!) processing these anti-democratic tendencies given their disparate impact on minorities, women, workers, etc., given (1) Florida is your neck of the woods and (2) you are purposefully opposed to "Contempt Citation" where Ghana is concerned?
This is not a critique/"attack" of/on Professor Asare, just a desire for the broadening of the discourse as part of the education we are all providing and benefiting from, on this Ghanaweb portal and other media. (The thing is, Prof Lungu could pen a piece on this item. However, we would not be a good "horse mouth" to the extent we do not live/teach/work in Florida, or in any part of the US South).
Al Gashari 10 years ago
I only wish you will stop using this royal plural... Why can't you just say what YOU think and stop involving all of us in your thoughts or making a royalty of yourself?
I only wish you will stop using this royal plural... Why can't you just say what YOU think and stop involving all of us in your thoughts or making a royalty of yourself?
Prof Lungu 10 years ago
Al Gashari,
The item you've addressed in your latest comment is tangentially related to comment to "Prof Asare and All"!
On Ghanaweb and other media, Prof Lungu has always spoken, and will always speak, for more than Prof ... read full comment
Al Gashari,
The item you've addressed in your latest comment is tangentially related to comment to "Prof Asare and All"!
On Ghanaweb and other media, Prof Lungu has always spoken, and will always speak, for more than Prof Lungu.
For your situational awareness, we have a piece coming up in a day or two, titled "Atuguba's Chariot of Contempt Citations isn't Worthy of Respect!" In that up-coming essay, we reference a previous discussion item between "Al Gashari ..... , and Agya_Manso."
Al Gashari 10 years ago
So you won't stop the royal plural and and the addressing of yourself in the third person... But I know you don't have blue blood and are a former rasta as well as a die-hard Nkrumaist.
Ok, ok, I look forward to the articl ... read full comment
So you won't stop the royal plural and and the addressing of yourself in the third person... But I know you don't have blue blood and are a former rasta as well as a die-hard Nkrumaist.
Ok, ok, I look forward to the article from his royal highness that references a discussion between my humble self and Agya Manso...
Prof Lungu 10 years ago
Al Gashari,
"a die-hard Nkrumaist" to the extent we believe the proverbial "Father of Ghana" is really and truly Dr. Kwame Nkrumah! But, this is not to say there were no "trip-ups" with policy and governance during that peri ... read full comment
Al Gashari,
"a die-hard Nkrumaist" to the extent we believe the proverbial "Father of Ghana" is really and truly Dr. Kwame Nkrumah! But, this is not to say there were no "trip-ups" with policy and governance during that period, at that age.
But please, to the extent you must now know that Prof Lungu is a moniker, "royal highness" is way off the board. For the Ghanaweb record, we've always tried to be as humble as the other. "Prof Lungu" is it, it being no reflection on any one.
Thanks a million!
Nyansasem 10 years ago
Prof. Lungu, Kwaku Asare has written a lot on these subjects since 1999. Those who know him found him to be fearless. He had taken the government to supreme court, not once but twice on certain issues and that was when his ow ... read full comment
Prof. Lungu, Kwaku Asare has written a lot on these subjects since 1999. Those who know him found him to be fearless. He had taken the government to supreme court, not once but twice on certain issues and that was when his own NPP was in power. That tells you about the man.
Even under this article, he has responded to some post-- He uses "Kwaku Azar" as his moniker. Very friendly and outgoing.
Click on the link and read his numerous article here.
Summary of Petition to Stop Discrimiation Against Dual Citizens
Petition to Amend the Constitution of Ghana, 1992 (Articles 94(2)(a) and 8(2))
and the Citizenship Act, 2000 (Act 591, Section 16(2))
Professor Stephen Kwaku Asare
This is a petition to amend the Constitution of Ghana by repealing Articles 94(2)(a)
and 8(2) of the Constitution. It also proposes the repealing of Section 16(2) of the
Citizenship Act, 2000 (Act 591). Article 94(2)(a) provides that “A person shall not
be qualified to be a member of Parliament if he owes allegiance to a country other
than Ghana.” Article 8(2) of the Constitution and Section 16(2) of the Citizenship
Act exclude dual citizens from holding various specified and unspecified public
offices and give Parliament and the minister the power to add more office-holding
exclusions.
These exclusions create a class of citizens who cannot serve in Parliament, the
Supreme Court or as ministers in the Executive branch. Thus, the exclusions have the
effect of creating sub-citizens, quarantined from serving in the organs of
government, and are antithetical to the structure and spirit of the Constitution, which
strives for equal citizenship and rejects a caste system.
A substantial majority of dual citizens are citizens of Ghana by birth who have
subsequently acquired the citizenships of other countries. They acquire these other
citizenships for a variety of reasons, including marriage, residence, political asylum
(especially in the military era) and economics.
Regardless of why they have acquired these other citizenships, they have complete,
total and unwavering loyalty, fidelity and allegiance to our beloved country and have
amply demonstrated, through their continued involvement in our socio-political life,
their commitment to joining hands with their brethren to work towards building a
prosperous country for our posterity.
Most of these dual citizens have been educated at the country’s secondary schools
and universities at great cost to the nation. They have considerable knowledge of the
country’s history and institutions. They are an important part of the human capital of
this country. Our country is not well served by denying these citizens the opportunity
to serve in Parliament, on the Supreme Court and as ministers in the Executive
branch and in other specified offices.
It appears concerns about the “fidelity and loyalty” of dual citizens underly the
regime of exclusions (in Articles 94(2)(a), 8(2) and Act 591) and dangerous drift
towards a segregated society. As the Attorney-General has recently stated to the
Supreme Court, “How can the loyalty of say a Colonel in the Ghanaian Army be
guaranteed if there is a war between Ghana and Nigeria and the said Colonel holds
both citizenship of Ghana and Nigeria? How can one be sure of the commitment and
loyalty of Ghanaian High Commissioner to UK if there is a diplomatic row between
Ghana and UK when the same Ghanaian High Commissioner holds a British
citizenship as well?”
Yet, when the Attorney-General was challenged to provide empirical evidence to
justify the concerns about loyalty and fidelity, he was not able to name even one dual
citizen who had betrayed or attempted to betray the country. Appropriately, our
nation has not allowed concerns about loyalty and fidelity to stand in the way of
fielding dual citizens like Kevin Prince Boateng and Abedi Ayew in the Black Stars,
even though the game of soccer, with only 11 players, present better opportunities
for “sabotage” than that of legislating, where an MP is one of 230. It is also difficult
to fathom why a Ghanaian born citizen who has acquired the citizenship of another
country cannot be employed as the Chief Fire Officer, Commissioner (Value Added
Tax Service) or the Chief Director of a Ministry.
If anyone should be concerned about the loyalty of say a Ghanaian born dual citizen
Colonel in the Ghanaian Army, in the unlikely event of a war between Ghana and
Nigeria, should it not be Nigeria? What, in our national psychology, allows us to
doubt the loyalty and fidelity of our own brethren who grew up on our streets,
attended our schools, own property in the country, contribute to the national
economy and take care of our parents, merely because they have also acquired the
citizenship of another country? Why can a Ghanaian citizen who has subsequently
acquired the citizenship of Britain be an MP in Britain but not in Ghana? If the
British have no concerns about the fidelity and loyalty of a Ghanaian by birth who
has only recently acquired British citizenship, why should we have doubts about this
son of the land?
Fortunately, there is evidence to suggest that the concern about loyalty and fidelity is
not widely felt. Recent field evidence shows that an overwhelming majority (in
excess of 60%) of Ghanaians believe that dual citizens should not be disqualified
from serving as MPs or as ministers.
While the Supreme Court recently upheld some of the exclusions, it did so without
endorsing the Republic’s concerns about the fidelity and loyalty of dual citizens. In
fact, the Supreme Court described as “cogent,” the plaintiff’s dismantling of the
Republic’s concerns about fidelity and loyalty. Nevertheless, the Court upheld some
of the exclusions, noting that “bad and unsound legislative policy is not necessarily
unconstitutional.” Further, the Supreme Court struck down Section 16(2)(m) of Act
591 as unconstitutional, in that Parliament unlawfully delegated its powers to the
minister. While it may not be the province of the Supreme Court to pronounce laws,
based on bad and unsound policy, as unconstitutional, there is no sound reason to
exclude a significant portion of our human capital from our governance and
developmental activities based on bad and unsound policy.
One member of the Supreme Court (Justice Sophia Akuffo) reiterated that
Citizenship connotes the enjoyment of a bundle of rights, which can be curtailed by
following clear legal provisions. She reasoned that the power given to Parliament to
add to the list of public office holding exclusions under Act 527 is an unlawful
hijacking of the process for amending the Constitution. Further, when Parliament
excluded dual citizens from holding additional offices under Act 591, Parliament
unlawfully amended Article 8(2) of the Constitution. Accordingly, she held that
Article 8(2)(g) was unlawfully inserted into the Constitution and is unconstitutional.
She also held that Act 591, Sections 16(2)(a), (h) – (l) was unconstitutional (these are
the additional offices proscribed by Parliament in 2000). In her words, “to hold
otherwise would be very dangerous and make a mockery of constitutional provisions
such as Article 8(2), which particularized specific matters, thereby eventually
reducing the Constitution to the status of an ordinary statute, as evidenced by what
Parliament has attempted to do in section 16(2) of Act 527.”
Some have suggested that dual citizenships renounce their other citizenships as a
condition precedent to holding the excluded public offices, even if the exclusions are
based on unsound and bad policy. The suggestions that dual citizens renounce their
other citizenships as a condition to hold the specified public offices is unduly harsh,
unreasonable and serves no legitimate purpose. These offices are elective or
appointive and the electors and appointors can properly incorporate any effect of
dual citizenship in their voting and appointing decisions. That is, why not let the
voters and appointors decide whether they want to elect a dual citizen as an MP or
appoint same as the Chief Fire Officer?
The exclusions are also irrational because dual citizens have served and can serve at
the office of the Presidency, including serving as Chief of Staff and deputy Chief of
Staff. If dual citizens can serve as Chief of Staff of the President, which arguably is
one of the most powerful positions in the country, then it is unfathomable and
irrational to exclude them from serving in positions, such as a Chief Fire Officer or
as Members of Parliament.
Further, the requirement that dual citizens renounce their other citizenships is
discriminatory, disproportional and devalues their dignity. It is discriminatory
because it requires dual citizens to give up their ability to travel to their other
countries while single citizens who are permanent residents (of other countries) do
not give up this ability when they opt to serve the country. That is, renouncing their
citizenships, as a condition precedent to serving, forces dual citizens to give up their
residence as well, while single citizens are not similarly required to give up their
residence. It is also discriminatory in treating dual citizens differently from single
citizens who are ordinarily resident in Ghana.
The current regime of exclusions is an affront on the dignity of dual citizens. The
exclusionary regime questions their patriotism, integrity and citizenship, premised
solely upon their circumstances without considering their individual capacities or
merits. The exclusions violate their human dignity by marginalizing, ignoring, and
devaluing them. The exclusions impose harsh sanctions on them without any
evidence of wrongdoing, save a mere and unfounded suspicion that they lack total
loyalty and fidelity. Yet, there is not a single dual citizen who has been found to be
disloyal to the country while there are many instances of single citizens
overthrowing the constitution (treason) or leaking sensitive information to various
embassies, as recently revealed by the wikileaks files.
Dual citizens, as citizens of this country, have interests and have a fundamental right
to fully engage in the political process, including the ability to serve in all elected
and appointed public offices.
Dual citizens and Ghanaians in the diaspora support the national economy with their
remittances. In 2010, remittances or private unrequited transfers (net) in the year
amounted to $2.12 billion. This evidences their loyalty and commitment to the
country. In the history of the 4th Republic and the country, there is not a single case,
where a dual citizen has been found to disloyal, infidel or otherwise harm the interest
of the country as a result of their dual citizenship. On the other hand, many dual
citizens played an active role in creating the conditions that led to the establishment
of the 4th Republic.
Our country is at its best when we allow all our citizens to be full and equal citizens.
This is what defined us in South Africa, when the Black Stars dazzled the world with
its brand of soccer. This is the spirit that led to the selection of Prince Kevin
Boateng, a dual citizen, born in Germany to Ghanaian parents, to play against the
Germany national team. Neither his loyalty nor his fidelity was questioned even
though the short-duration, fast-paced, and lack of controls in a soccer game,
exarcebate any concerns about loyalty and fidelity.
In the rest of the petition (available upon request from the author), we provide
constitutional and statutory background, followed by an articulation of the equal
citizenship principle. We then present the case for why the exclusions are inconsistent
with our constitutional values. Draft bills are attached in Schedule 1.
Petitioned:
The Speaker of Parliament
All Members of Parliament
His Excellency the President
His Excellency the Vice-President
Chairman of NDC, NPP, CPP, PNC and PPP
All Presidential Candidates for 2012 general election
cc: Media
Prof Lungu 10 years ago
Thanks a million!
If that is the case, we must again say it is indeed very good to know Kwaku Azar = Professor Kwaku Asare.
Some revelation, really!
We may need to go back to see if there were "Kwaku Azar" response ... read full comment
Thanks a million!
If that is the case, we must again say it is indeed very good to know Kwaku Azar = Professor Kwaku Asare.
Some revelation, really!
We may need to go back to see if there were "Kwaku Azar" responses to our original observation regarding reconciling Florida/USA to Ghana!
ITEM: We've conducted a perfunctory review of the body of work using the link you provided. It is large and deep.
We were struck by the Feature Article, Wednesday, 2 August 2006, "How the Judiciary is retarding our development ..."
In a way, the current environment of contempt citation shows that at least on this count - performance of the judiciary - progress has been very slow, or lacking.
In this case, Professor Asare has been right on target with his current position with respect to the Atuguba panel and their contempt citations.
All that said, our original observation with respect to previous comments from others still stands, you will agree: How is one (a Floridian...) processing...anti-democratic tendencies (and) their disparate impact on minorities, women, workers, etc., in Florida/USA, given (1) Florida is the neck of the woods and (2) the purposeful opposition to "Contempt Citations" where Ghana is concerned?
Whatever 10 years ago
That is what the law says. Don't beat about the bush with your individual opinions. follow the law
That is what the law says. Don't beat about the bush with your individual opinions. follow the law
Francis 10 years ago
If the court declares Mahama invalid, all his appointments also become invalid. vice president, ministers, DCEs, speaker of parliment were all apointed by the president and they will then become invalid. I think the chief ju ... read full comment
If the court declares Mahama invalid, all his appointments also become invalid. vice president, ministers, DCEs, speaker of parliment were all apointed by the president and they will then become invalid. I think the chief justice should take over should there be a gap
GREAT NANA ANTWI 10 years ago
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Where did you schooled you call people names? Do you live in a shark you are using this as a escapegoat to hide your inferiority complex?
Kwaku, you have done what Napoleon couldn't do. Not only did you singularly stop Atuguba's barbaric behavior on the Supreme Court, but you also taught the uninformed judges how to apply the contempt of the law in our land.
...
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Hmmmm! Is this Kwaku Azar speaking? Wonders, they say, will never end.
Mr. Asare--Why not spend some of your legal knowledge to help fight the Florida state immoral stand your ground laws that are hunting and killing poor African kids?
Why should he? Doesn't he have the right what to do with himself? Dr. Asare is a Ghanaian and has the right to contribute in his own way to Ghana. Wiafe is not more Ghanaian than Asare.
It is said " brighten the corner in which you are" Azar join in that fight
I am sorry but you are so drunk in your viewpoint you are unwilling to be sober to see other shades of an issue.
You should read Dr Asare's writings on the 2012 Election petition court case . YOU MAY LEARN SOMETHING.
Sensible, as always. Ja bless u.
I am so shocked that Prof Asare can write such a sensible article.
Maybe I just woke up in Mars.
Some one please Tell me I am not dreaming?
The guy is always sensible. Let us give him that. Maybe he is saying what you like this time and that is why you like it. But this author says it as he sees it all the time.
Dear mike,
I beg to disagree with you on Asare. Apart from this article I have not been impressed with his articles on free speech. He was too partisan
I thought his articles on free speech were apolitical and was in defense of Awuku and Atubiga as well as all Ghanaians? Even the Supreme Court appeared to agree with him when it abandoned the disgraceful inquisitions. You may ...
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Too partisan? Maybe you are too partisan, that is why you saw it that way. The SC cannot act as the complainant as well as a prosecutor. This is simple logic. Try and place yourself in the shoes of others if you want to be no ...
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What is so sensible about the article?
Nana Addo has created a very bad name for himself when it comes to élections.This petition is a predetermined action,a sequence of his 2008 defeat.It has nothing to do with justice but a rancour like what Shylock in Venice o ...
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That is your myopic opinion and you are entitled to it just as Nana Addo had the right to go to Court. Even the NDC concedes there were some irregularities so what's your problem? Let's do away with these unnecessary propagan ...
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Irregularities do not mean the declared results have to be over turned.The petition is a premeditated one,a sequence of 2008.I mean Nana Addo filed it in bad faith,in a racourous manner.I am saying the judges will not give Gh ...
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WELL DONE FOR YOUR MEANINGFUL AND EDUCATIVE ARTICLE. GOD BLESS U AND MOTHER GHANA AS A WHOLE
Just hope the loser doesn't seek judicial review as per monah. Monah v. SC (2013)
TO YOUR QUESTION, AKUFFO ADDO WILL CAUSE SUICIDE, PERIOD!
That a Ghanaian wrote an article at do not have a single "NPP", or "NDC" in it. This article focuses on common sense. I would like to see you do a follow-up article on how you arrived to the conclusions as it pertains to the ...
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Asare is saying that either the SC declares Mahama validly elected or Akufo-Addo validly elected or that none of them has been validly elected.
These are the possible "logical" outcomes. You don't have to be a lawyer to k ...
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I actually did not intend to say anything new beyond asking the main actors to conceed and to present an amicable front to catalyze the healing process and return to political normalcy.
NPP did not prove anything with their pink sheets. Addison attempting to tender faked evidence. This will not happen. Thank You.
The SC will decide only on the following two Points.
1.If there were irregularities at the 2012 polls
2.If any irregularities at all and if they have affected the results of the polls.
The SC is not going to declare a new
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Azar, the learning exercise and reform by the EC cannot wait till the SC judgement. It must begin now and continue after the final decision, whether there will be a re-run or not and until 2016.
It was clear from the heari ...
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Kofi
I agree. Great points
How can there be peace if you are going to declare and alreday declared results? Just because some morons think they should have won? Very terrible precedent is about to be set. Now the Electoral Commission will be seriously ...
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You mean we should just live with anything the EC declares?
The analysis and the various scenarios were well articulated and broadly represent a fair a comment although there were hints of partisan twists here and there.
My only reservation though was the scenario where in case of ...
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You said that "under the constitution the incumbent remains the president until the declaration of a new president."
I will amend that as follows:
under the constitution the validly elected incumbent remains the presid ...
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Fair enough Azar.
In this scenario yes Mahama will have to vacate for the Speaker to assume the Presidency because there was no winner. His incumbency was in dispute that is why the matter was brought to court. S Kwaku Asare is thus perfect in ...
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We agree with the broad outlines of the analyses. The concession speech/gathering would be a beneficial act. But, on the other side of concession is recognition of the good "fighter", the good loser (vice sore loser), so to s ...
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I only wish you will stop using this royal plural... Why can't you just say what YOU think and stop involving all of us in your thoughts or making a royalty of yourself?
Al Gashari,
The item you've addressed in your latest comment is tangentially related to comment to "Prof Asare and All"!
On Ghanaweb and other media, Prof Lungu has always spoken, and will always speak, for more than Prof ...
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So you won't stop the royal plural and and the addressing of yourself in the third person... But I know you don't have blue blood and are a former rasta as well as a die-hard Nkrumaist.
Ok, ok, I look forward to the articl ...
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Al Gashari,
"a die-hard Nkrumaist" to the extent we believe the proverbial "Father of Ghana" is really and truly Dr. Kwame Nkrumah! But, this is not to say there were no "trip-ups" with policy and governance during that peri ...
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Prof. Lungu, Kwaku Asare has written a lot on these subjects since 1999. Those who know him found him to be fearless. He had taken the government to supreme court, not once but twice on certain issues and that was when his ow ...
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Thanks a million!
If that is the case, we must again say it is indeed very good to know Kwaku Azar = Professor Kwaku Asare.
Some revelation, really!
We may need to go back to see if there were "Kwaku Azar" response ...
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That is what the law says. Don't beat about the bush with your individual opinions. follow the law
If the court declares Mahama invalid, all his appointments also become invalid. vice president, ministers, DCEs, speaker of parliment were all apointed by the president and they will then become invalid. I think the chief ju ...
read full comment
ARE YOU IN NEED OF A FAST POWERFULL SPIRITUALIST?THEN GOOGLE OR GO TO www greatnanapowerfullspiritualist.blogspot com