Minority Considers Mahama Impeachment Over Constitutional Breaches

The Minority in Parliament is exploring the option of impeachment proceedings against President John Dramani Mahama, citing violations of the Constitution, particularly Article 60, which governs presidential succession.

This follows days of escalating agitations by New Patriotic Party MPs after President Mahama left the country while both the Vice President and Speaker of Parliament were absent.

Under the country’s constitution, leadership passes successively to the Vice President, Speaker of Parliament, and Chief Justice in the President’s absence.

Although the Chief Justice is currently suspended with an acting replacement in office, opposition legislators argue that without a formal swearing-in ceremony, a “constitutional vacuum” has been created.

Legal Counsel for the Minority in Parliament, John Darko, issued a stern warning during JoyFM’s Midday News on Tuesday, May 13, stating that his side would not remain passive observers.

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“Now, Emperor Mr President decided that ‘I am the emperor and I can do what I like, damn the consequences’, and left the country. Is that what we elected the President for? To violate our constitution? We will continue raising these issues, and if necessary, we will invoke impeachment proceedings at the appropriate time. We will not sit idly by while the constitution is violated without consequences,” he declared.

The Minority in Parliament further raised concerns that such violations could lead to more serious breaches, including a potential attempt at a third presidential term.

“The problem is that if we allow these constitutional violations to continue, today it’s Article 60, tomorrow it may be Article 18, and then your human rights. Before we know it, the President might declare, ‘I want a third term,’ because the constitutional safeguards will have been consistently violated without punishment.”

Mr Darko emphasised that the President must be held accountable for failing to ensure a proper constitutional succession plan.

“When he took the oath of office, he swore to uphold the Constitution. If he violates it, he must face the consequences. Is he prepared to undergo impeachment? These are questions Ghanaians must demand answers to,” he stated.

Meanwhile, constitutional law experts remain divided on the matter.

Some argue that the Minority has a valid case due to the alleged constitutional vacuum, while others maintain that the acting Chief Justice can assume the role without requiring a formal inauguration process.

Below is a summary of Article 60 of the 1992 Constitution.

Article 60 – The Vice-President And Succession To The Presidency

(1) There shall be a Vice-President of Ghana who shall perform such functions as may be assigned to him by this Constitution or by the President.

(2) A candidate for the office of Vice-President shall be designated by the candidate for the office of President before the election of the President.

(3) The provisions of article 62 of this Constitution apply to a candidate for election as Vice-President.

(4) A candidate shall be deemed to be duly elected as Vice-President if the candidate who designated him as candidate for election to the office of Vice-President has been duly elected as President in accordance with the provisions of article 63 of this Constitution.

(5) The Vice-President shall before commencing to perform the functions of Vice-President, take and subscribe the oath of allegiance and the Vice-Presidential oath set out in the Second Schedule to this Constitution.

(6) Whenever the President dies, resigns or is removed from office, the Vice-President shall assume office as President for the unexpired term of office of the President with effect from the date of the death, resignation or removal of the President.

(7) Where the unexpired term served by the Vice-President under clause (6) of this article exceeds half the term of a President, the Vice-President is subsequently only eligible to serve one full term as, President.

(8) Whenever the President is absent from Ghana or is for any other reason unable to perform the functions of his office, the Vice-President shall perform the functions of the President until the President returns or is able to perform his functions.

(9) The Vice-President shall, before commencing to perform the functions of the President under clause (6) of this article, take and subscribe the oath set out in the Second Schedule to this Constitution in relation to the office of President.

(10) The Vice-President shall, upon assuming office as President under clause (6) of this article, nominate a person to the office of Vice-President subject to approval by Parliament.

(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.

(13) Where the Speaker of Parliament assumes the office of President as a result of the death, resignation or removal from office of the President and the Vice-President, there shall be a presidential election within three months after his assumption of office.

(14) The provisions of article 69 of this Constitution shall apply to the removal from office of the Vice-President.

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