A private legal practitioner, Kwame Akuffo has described as \u201ccompletely absurd,\u201d the Speaker of Parliament\u2019s refusal not to be sworn in as acting President on Wednesday.<\/p>\n
\u201cDoe Adjaho\u2019s entry into the Presidency without the oath itself is completely absurd\u2026if that oath is not taken, then that oath which is a critical part of the constitution has been breached,\u201d he remarked.<\/p>\n
Due to the absence of the President, John Mahama and his Vice, Kwesi Amissah-Arthur from the country, the Speaker of Parliament was to be sworn in as acting President<\/strong> <\/span><\/a>as stipulated in the country\u2019s 1992 constitution.<\/p>\n But on Wednesday, the Speaker assumed the role of acting President without taking the mandatory constitutional oath of office.<\/strong><\/span><\/a><\/p>\n It later emerged that the Chief Justice, Georgina Theodora Woode is said to have advised that the swearing in ceremony should not take place.<\/p>\n [contextly_sidebar id=”O75jjD7EmyGwPzYvV95StZlGyErkJpdl”]According to the Minority Leader in Parliament, Osei Kyei Mensah Bonsu, a consensus was reached between the Chief Justice, the Speaker and the leadership of Parliament on the matter.<\/p>\n He was however quick to clarify that \u201cit was a conclusion that was arrived at but I think that conclusion had even been arrived at before I got there but when I went there, I stated my position [that the Speaker should be sworn in].<\/p>\n Speaking on Eyewitness News<\/strong>, lawyer Akuffo stated that if indeed the Chief Justice rendered that opinion, \u201cthen she is undermining standing precedents of the court.\u201d<\/p>\n \u201cFor me this morning, as the law stands, there has been a violation\u2026and has brought on high treason,\u201d he added.<\/p>\n He pointed out that \u201cnobody in this Republic has a documented version of the minutes of this meeting as to who says what and what the Chief Justice said and what was agreed upon\u2026so it is a bit nebulous for me.\u201d<\/p>\n \u201cWhether the decision taken was correct or not, it makes it even worse because people can now say that the Chief Justice is rendering advisory opinion,\u201d he observed.<\/p>\n Lawyer Akuffo recalled that in 2003, the Supreme Court was emphatic that if the President left the jurisdiction, then the Vice President will take over and if both were out of the jurisdiction, then the Speaker would be sworn in.<\/p>\n According to him, some legal practitioners in Ghana disagree with the Supreme Court because \u201cwe thought that it was a narrow construction of the constitution\u2026but the Supreme Court decided otherwise so that is the standing position of the law.\u201d<\/p>\n He was of the opinion that the absence of a swearing in ceremony on Wednesday is indicative that the nation is \u201cpracticing very, very inconsistent methods to the same texts and letter of the constitution.\u201d<\/p>\n He therefore advised that if the Chief Justice feels strongly about the matter and it comes up subsequently, \u201cthen the courts may choose to revise after all, the constitution is a living organism capable of growth and development.\u201d<\/p>\n <\/p>\n By: Efua Idan Osam\/citifmonline.com\/Ghana
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