On the issue of prepaid or postpaid swearing in, I believe that there are certain basic issues that we must look at again as a Nation. At the moment, the legal authority on the matter is Asare v A-G, where their Lordships make the point that when the President and His Vice are outside the jurisdiction, they cease to have the capacity to discharge their duties and as such the Speaker of Parliament acts as President. The Speaker until yesterday was thought had to swear the Presidential oath. I however, respectfully disagree with the reasoning of the respected Lords of the SC. I hold the view that mere absence from the jurisdiction does not in my opinion invalidate the Presidents ability to discharge His duties. Yesterday, like all past occasions, Ghana effectively had 2 Presidents. John Dramani Mahama was in Ouagadougou yesterday in His capacity as President of Ghana and Commander - In - Chief of the Ghana Armed Forces. How then did Rt Hon Doe Adjaho hold Himself? The President whilst outside the jurisdiction represents the State and embodies the Nation. He has constant communication with His Cabinet and Security Chiefs. I fail to see how He therefore could be deemed incapacitated in the discharge of His duties. We basically have a local and foreign President at the same time. I hold the view respectfully that except death or a determined medical condition, the President irrespective of His geographical location remains President and Commander - In - Chief. The practice of swearing in either the Vice, Speaker or CJ in my opinion is a completely unnecessary distraction. I however do not hold a grudge against divergent opinion.
Posted on: Thu, 06 Nov 2014 10:34:59 +0000
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