He was sworn into office by the Chief Justice, Sophia Akuffo on the floor of Parliament at an emergency sitting of the House.

He accordingly took the oath of office.

Prof. Oquaye’s swearing-in was necessitated by the absence of the elected president, Nana Akufo-Addo and his Vice, Dr. Mahamudu Bawumia from the country.

Where is Akufo-Addo?

President Akufo-Addo left Ghana on Sunday for Monrovia, Liberia as a guest at the investiture of the President-elect of that country, George Weah.

… and Bawumia?

Dr. Bawumia left Ghana for the United Kingdom on Friday night on medical leave, according to the Presidency. This was after a statement from the Presidency indicated that he had taken ill earlier in the day and was undergoing medical checks.

It said upon the advice of his doctors, he was asked to travel to the UK for further checks.

What does the constitution say?

According to Article 60 (11) and (12) of the 1992 Constitution, “(11) 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.” “(12) 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 President.”

Meanwhile, some political scientists are challenging the interpretation of the constitution. They argue that since the elected President, Nana Akufo-Addo is still acting in his capacity as President while in Liberia, it is unnecessary to swear in Prof. Oquaye as acting President.

It will be recalled that when President Akufo-Addo took office in January 2017, he swore into office one of his appointees, Shirley Ayorkor Botchwey as the Foreign Affairs Minister while in Ethiopia.

When the swearing-in of a Speaker was breached

The law was breached by a former Speaker of Parliament, Doe Adjaho in 2014, when he refused take the oath of office as acting President at a point. Both President Mahama and his Vice Kwesi Amissah-Arthur, had traveled outside the country at the time.

This compelled the Managing Director of Citi FM, Samuel Atta-Mensah, and a United States-based Ghanaian lawyer, Prof. Kwaku Asare, to file a suit at the Supreme Court, to among other things, seek an interpretation of Article 60 (12) of the 1992 Constitution, which requires that the Speaker takes the oath of office each time he is to act as President.

The Supreme Court, in a unanimous decision, declared that the Speaker of Parliament, Mr. Edward Doe Adjaho, violated Article 60 (11)-(12) of the 1992 Constitution when he declined to be sworn in to act as President when President John Dramani Mahama and Vice-President Kwesi Bekoe Amissah-Arthur travelled outside the country in November 2014.

The nine-member panel, presided over by Mrs Justice Sophia Akuffo, also averred that the “Speaker of Parliament shall always, before assuming the functions of the Office of President when the President and the Vice-President are unable to perform their functions, take and subscribe to the oath set out in relation to the Office of President”.

“The Speaker is obliged to swear the oath each time he assumes the Office of the President. There is no ambiguity in articles 60 (11) and 60 (12),” Mr Justice Sulley Gbadegbe, who read the court’s decision, said.

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By: Jonas Nyabor/citifmonline.com/Ghana

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This comes after news that the Vice President, Dr. Bawumia had left the country for the UK on medical leave.

A statement issued by the First Deputy Speaker, Joseph Osei-Owusu on Friday on the emergency recall of the House said the event will take place in Parliament at 2:30pm.

Read the statement below:

RECALL OF PARLIAMENT
In exercise of the power conferred on the Speaker by order 42 (3) of the standing orders of the Parliament of Ghana, I, Honourable Joseph Osei-Owusu, First Deputy Speaker of Parliament, pursuant to order 13(2) do hereby summon Parliament to sit on Sunday, 21st January, 2018 at half past two o’clock in the afternoon at Parliament House, Accra for the swearing in of the Right Honourable Speaker as Acting President of the Republic in accordance with article 60(11) and (12) of the 1992 Constitution.

Date in the Office of the Speaker of Parliament, Accra, Ghana, this Friday, 19th January, 2018.

Hon. Joseph Osei-Owusu

According to the 1992 constitution, the Speaker of Parliament must be sworn in the absence of the President and Vice President.

Article 60 (11) and (12) of the 1992 Constitution states that: “(11) 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.” “(12) 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 President.”

Reports however suggest that, the President will be in Liberia for the swearing in of Liberia’s newly elected President, George Oppong Weah on Monday, January 22.

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By: Jonas Nyabor/citifmonline.com/Ghana

The post Prof. Oquaye to be sworn in as acting President on Sunday appeared first on Citi 97.3 FM - Relevant Radio. Always.

He said the salaries of the Members of Parliament must be reviewed and he will help to achieve that.

Prof Mike Oquaye added that, Parliament needed a new chamber as well as a good library to facilitate its work.

In his acceptance address after taking the oath of office administered by Chief Justice Georgina Theodora Wood on January 7, 2017, Prof Oquaye said, “I want to use this opportunity to convey to our country men and women – we should seriously better the lot of our MPs. Why can’t MPs be given official vehicles for their work as pertains in other places? Then they can get loans for other vehicles for other uses.”

“Hon. Members, we have a need for a New Chamber, good library, books, mimeographs, researchers which go beyond National Service Personnel. I believe I can help in seeking the needed assistance for Parliament to improve the salaries and conditions of work for MPs,” he added.

He lamented that, Members of Parliament were not given official cars for their work, as it is done in other parliaments.

While urging the New Parliament to work hard in the interest of the country, he said the dignity of the house will not be compromised.

“The dignity of this House is crucial and with your cooperation that dignity shall not be compromised. We owe this to all Ghanaians. You have Parliamentary immunity and immerse privileges which cannot be toyed with by any person, body or authority. I shall help to maintain this without fail. There are privileges and responsibilities. If you abuse the trust, you will be dealt with.”

He warned the MPs that they will be severely penalized if they fall foul to the law.

“No charge of corruption or abuse of office should come nigh thee. If you fall foul of the law, the Special Prosecutor will not be expected to spare you. A law maker cannot be a lawbreaker.”

He also called on the MPs to ensure punctuality and active participation in the activities of the house, hinting of a new technology that will be introduced in the house to check attendance and movements of MPs in the house.

“A machine will in future register the attendance of MPs automatically. This will be arranged, and I trust MPs will embrace it to set a good example to all Ghanaian workers.”

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By: Jonas Nyabor/citifmonline.com/Ghana
Follow @jnyabor

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