Since we the people made the constitution,and since by that we have made judiciary the interpreters of the provisions let us accept the decision of the Chief Justice not to swear in the speaker the second time with the same P ... read full comment
Since we the people made the constitution,and since by that we have made judiciary the interpreters of the provisions let us accept the decision of the Chief Justice not to swear in the speaker the second time with the same President and Vice.We should also pay attention to the ongoing constitutional review processes.
??? 9 years ago
We the people...are you having a laugh or what? How many of us understand that jargon laden constitution? That bloody book is not understood by 90 percent of the people of Ghana.Count me out!
We the people...are you having a laugh or what? How many of us understand that jargon laden constitution? That bloody book is not understood by 90 percent of the people of Ghana.Count me out!
Kofi Ata, Cambridge, UK 9 years ago
I recently read news item by the Al-Hajj that the speaker is arrogant and thinks he is always right. This behaviour of refusing to be sworn in by the Chief Justice yesterday may be what the newspaper referred to.
Daniel, y ... read full comment
I recently read news item by the Al-Hajj that the speaker is arrogant and thinks he is always right. This behaviour of refusing to be sworn in by the Chief Justice yesterday may be what the newspaper referred to.
Daniel, your piece is right that the oath sworn by the Speaker in September 2013 was never in abeyance. It died and ended once the President or Vice was able to perform the duty of president or returned to Ghana. The Speaker must always swear the presidential oath whenever both the President and Vice are unable to perform the duties of president or are out of Ghana.
The question of the next or future Speaker/s being able to perform the duties of president without having to swear the presidential oath because the current Speaker did so in September 2013 is neither here nor there. It is a must.
Daniel, you failed to provide the norm or customary practice since the 4th Republic from Rawlings, Kufuor, Mills and the Mahama era. What has been happening under those periods, particularly if such situations arose more than one occasion were the Speaker/s sworn on each occasion? And if so, why did the Chief Justice agree to the Speaker's position that the September 2013 oath was still valid so there was no need for another oath taking? The argument by the Speaker that any time the President and Vice were out of the country, the September 2013 oath became active automatically is bizarre.
I know the Speaker is a lawyer but he is not a constitutional expert. However, for the Chief Justice to be persuaded or coerced by the Speaker and the leadership of the Legislature not to administer the oath was wrong and tantamount to interference in the work of the Judiciary by the Legislature. That is dangerous to the separation of powers. The fact that the Chief Justice was in the house to administer the oath was a testament to the fact she was of the view that it was constitutionally required.
Could you kindly provide any info on customary practice under the 4th Republic on this matter?
Okonko Palm 9 years ago
This is an area that needs to be properly defined both in procedure and work description.And this is where the supreme court has to come in.
It does look like the information upon which you based your write up was flawed b ... read full comment
This is an area that needs to be properly defined both in procedure and work description.And this is where the supreme court has to come in.
It does look like the information upon which you based your write up was flawed because it was the cj's decision and not the speakers or parliament not to swear in the speaker so I will assume that the cj consulted with his colleagues for her to come to the conclusion she came to.
The second point is what the job description of an acting role entails.for a example in Kenya their constitution spells out what the acting president can do and what he can not do.
Foe example it says in Article 147(3) of the Kenyan Constitution that when the President is absent from Kenya, or when he is temporarily incapacitated, the deputy shall act as President. This provision ensures that there is no vacuum.
However, the law spells out specific functions that the acting president cannot do under an acting role. Under Article 134, he cannot appoint judges or any other public officers who are appointed by the President, he cannot appoint or dismiss Cabinet Secretaries or other State officers; he cannot appoint or dismiss high commissioners, ambassadors, diplomatic or consular representatives.
He cannot also exercise the power of mercy which is a preserve of the President and cannot confer honours to individuals in the name of the republic.
Otherwise he can exercise all other functions of the president.What does our constitution say on this.
baba tunde 9 years ago
Good analysis brother man.
Good analysis brother man.
baba tunde 9 years ago
Comrade, I think you are right. Any time there is a need for the Speaker to act , he must take the presidential Oath.
Lets remain law abiding, but when can we say the president or Vice are not able to act. The US President, ... read full comment
Comrade, I think you are right. Any time there is a need for the Speaker to act , he must take the presidential Oath.
Lets remain law abiding, but when can we say the president or Vice are not able to act. The US President, te British Prime Minister all hold their offices where ever they are.
One day one person will stop the President from coming back to Accra and we will see a constitional crisis.
As for me there is no need to appoint any one unless the President is incapacitated or in a drunken stupor.
Kwame 9 years ago
I 'm sure the last time the Speaker was sworn in it was a certain time period which expired when the purpose for which the President and Vice were away. So he must swear again. He probably refused because he knows he's not u ... read full comment
I 'm sure the last time the Speaker was sworn in it was a certain time period which expired when the purpose for which the President and Vice were away. So he must swear again. He probably refused because he knows he's not up to the job.
Great article. Ineresting read.
Since we the people made the constitution,and since by that we have made judiciary the interpreters of the provisions let us accept the decision of the Chief Justice not to swear in the speaker the second time with the same P ...
read full comment
We the people...are you having a laugh or what? How many of us understand that jargon laden constitution? That bloody book is not understood by 90 percent of the people of Ghana.Count me out!
I recently read news item by the Al-Hajj that the speaker is arrogant and thinks he is always right. This behaviour of refusing to be sworn in by the Chief Justice yesterday may be what the newspaper referred to.
Daniel, y ...
read full comment
This is an area that needs to be properly defined both in procedure and work description.And this is where the supreme court has to come in.
It does look like the information upon which you based your write up was flawed b ...
read full comment
Good analysis brother man.
Comrade, I think you are right. Any time there is a need for the Speaker to act , he must take the presidential Oath.
Lets remain law abiding, but when can we say the president or Vice are not able to act. The US President, ...
read full comment
I 'm sure the last time the Speaker was sworn in it was a certain time period which expired when the purpose for which the President and Vice were away. So he must swear again. He probably refused because he knows he's not u ...
read full comment