The Minority in Parliament has criticised the Mahama administration, accusing it of deliberate constitutional violations and impunity rooted in a belief that the Judiciary has been weakened beyond consequence.
In a press release issued on May 12, 2025, the Minority Caucus decried what it described as an “egregious violation” of Article 60 of the 1992 Constitution.
It revealed that the President, Vice President, and Speaker of Parliament are all out of the country, without any swearing-in of an Acting President.
“This represents a clear and egregious violation of Article 60 of the 1992 Constitution of Ghana,” the statement read. It cited the landmark Asare v. Attorney General case, which affirmed that at no time should the Republic be left without a constitutionally mandated acting head of state.
The Minority did not mince words.
“Their conduct is not only unconstitutional; it is deliberate and calculated,” the statement said.
“This administration has consistently treated the Constitution as an inconvenience rather than a binding framework.”
What enraged the caucus even more was what it called the ruling government’s comfort in breaking the law.
“They are emboldened to flout the supreme law of the land because they believe they have succeeded in weakening the Judiciary,” the release said.
“Their continued attacks on the Judiciary and the Chief Justice, both overt and covert, have created a climate that undermines judicial independence and threatens the rule of law.”
According to the Minority, the Speaker left Ghana on May 8, 2025.
The President and his Vice were already aware and still chose to exit the jurisdiction without triggering the process for swearing in the Speaker as Acting President.
“The President, fully aware of this fact… nonetheless proceeded to leave the country without taking steps to ensure that the Chief Justice administered the oath,” the release charged.
It described the move as “a willful and wanton disregard for the Constitution of Ghana,” stating that the precedent set by the Supreme Court “has not been overturned.”
The statement was heavy with warning tones about the state of Ghana’s democracy.
“Today, those entrusted with the sacred responsibility of safeguarding our Constitution have failed in their duty,” it said.
“They have chosen to undermine its authority, threatening the democratic gains we have struggled to build.”
Quoting former U.S. President Barack Obama, the Minority reminded Ghanaians that constitutions only work when citizens and leaders respect them.
“Our Constitution… has no power on its own. We, the people, give it power with our participation, and the choices we make,” the release noted.
The caucus stressed that Ghana’s constitutional democracy remains fragile. “The progress of our democratic journey is neither guaranteed nor irreversible,” it warned.
The statement, signed by Legal Counsel to the Minority Caucus, John Darko, ended with a vow to hold the government accountable.
“We shall continue to expose and resist such violations,” it said.
“Where necessary, we shall invoke the relevant provisions of law to ensure that constitutional breaches do not go unpunished.”
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