No need for Vice Prez to act in the absence of the President – Majority Leader challenges constitutional provision

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The Majority Leader in Parliament, Osei Kyei Mensah Bonsu and the minority chief whip hon, Governs Kwame Agbodza have challenged constitutional provision which is article 68 and 59 of the 1992 constitution that gives mandates to the Vice President to act as President in the absence of the President.

President Akufo-Addo on Monday left Ghana on a six-day working visit to Spain, France and the United Kingdom. According to Article 60(8) of the 1992 constitution, 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.

However, the Majority Leader said President Akufo-Addo who is out of the country is currently performing official duties as president and so there is no need for the vice president to act as president.

According to him the president is still performing his functions outside the country so how can anybody construed that he is not able to perform his functions according to Article 68 and 59, and the mere absence from the jurisdiction doesn’t mean that the president is unable to perform his functions.

Speaking on the floor of parliament Leader of Government Business called for public engagement for a holistic view our constitution.

However, the Member of Parliament for Okaikwei Central, Patrick Yaw Boamah, Hon, Rockson Nelson Dafeamekpor and Cletus Avoka disagree with the Majority Leader stating that per the constitution, it is clearly mandated the Vice President must perform the functions of the President until the President returns.

Hon Patrick Yaw Boamah drew the speaker attention to article 130 which talks interpretation and enforcement of this constitution has been tested at the supreme Court in the Samuel Atta Mensah, Professor Kwaku Asare verses the Attorney General and the Apex court was clear in their decision that anytime the president is absence of the jurisdiction the vice president must act as president because the constitution does not anticipate any vacuum.

Source: Kwaku Boffah

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