New Patriotic Party (NPP) Member of Parliament (MP) for Sekondi in the Western Region, Andrew A. Mercer, has claimed that former President John Dramani Mahama is constitutionally barred from coming back to contest for the presidency.
The contention of the MP, who is a lawyer by profession, is likely to trigger a further debate as to whether the former president can contest again; but Mr. Mercer insists that the 1992 Constitution is clear on what Mr. Mahama can do in the circumstance.
Legal Challenges
Lawyer Mercer insisted that any such move by Mr. Mahama could be fraught with legal challenges as the constitution is clear on his eligibility as a former president, insisting that his interpretation of the constitution is that the former head of state does not have a chance of returning to the presidency.
“My understanding of Article 66 and 68 is that he’s barred from ever contesting the presidency again, but when you raise that conversation they are quick to say that you’re afraid of them; but these are express words of the constitution,” he told Starr FM in Accra last Thursday.
Term Limit
“The man has left office as president; the constitution doesn’t say that when you leave office after one term or two terms you have a right to contest twice, and my interpretation of those provisions is that, the two terms is a continuous term,” he explained, adding, “When you leave office your benefits that are not varied until you die are there in the constitution.
Mr Mercer said, “it’s clear under Article 68 but they say the constitution gives him two terms. He’s done one so he’ll go and chop all the benefits for 20 years if he so desires and come back to continue. In this case he’s coming back after four years. For me I say he has no right to contest.”
Facebook Declaration
Former President Mahama, after being humiliated at the polls on December 7, 2016, announced last week via Facebook that he was lacing his boots to contest again; but his comeback attempt is even starting another round of ‘serious infighting’ in the opposition National Democratic Congress (NDC).
He had posted that he has ‘listened’ to the numerous ‘calls’ of the rank and file of the NDC and has accepted them and was ready to lead the party into another election in 2020.
Internal Opposition
Other NDC chieftains who have declared their intention to challenge Mr. Mahama are second deputy speaker of parliament, Alban Bagbin; former NHIS boss, Sylvester Mensah; former Trade and Industry Minister, Ekwow Spio-Garbrah; former UPSA Rector, Joshua Alabi and Kweku Rickett Hagan, former Central Regional minister.
Although he is the main contender to beat in the yet-to-be organized NDC primary to select a flag bearer for the 2020 presidential election, some of Mr. Mahama’s opponents within his own party are having issues with him over the declaration.
Mr Alabi for instance, has said among other things, that it would be too dangerous for the NDC delegates to give Mr. Mahama the nod for 2020 because in his view, he (Mahama) is scandal-prone and has corruption tag on him.
More Fire
Former Consul to Dubai, Daniel Osei, who has become a thorn in the flesh of Mr. Mahama, says it will be a disaster for the NDC to allow the former president to lead the party again as its flag bearer for the 2020 election.
Nii Amasah Namoale, former NDC MP, La Dadekotopon, insists that the opposition party cannot win the 2020 election with Mr Mahama as its standard bearer.
Source: Daily Guide
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Sam, the constitution gives every president 4 years and if the person performed better cam be re-elected to rule for 8 years continues, the constitution doesn't say rule for 4 years, then voted out and come back another time. Ghana is practising American type of democracy and presidency and there is no where in America that a president voted out after 4 years came back to be a candidate again to seek re-election like John mahama is doing. I will give you eg. Jimmy Carter was booted out by the good people of America for Reagan and Reagan's Vice President who was George H. ***barred word*** become president after Reagan for 4 years and booted out for Bill Clinton, Jimmy Carter and ***barred word*** never came back to seek for power like John mahama is doing. The constitution will be tested for that if he insist being a flagbearer, so a bad precedent is being set out for future generations. John mahama is just greedy and power hungry, Ghana is not Russia and Ghana is not copying the governance of the Russians so he will be in trouble comparing American governance to Russians. Putin can go stay home for 100 years and come back that's the problem of the Russian communist tactics and that can't be practiced in Ghana. It Won't Work!
MY GOOD FRIEND MERCER AKA BOBO SHOULD PLEASE COME AGAIN.I COULD HARDLY UNDERSTAND MY LEARNED FRIEND'S POSITION.WHERE IN THE CONSTITUTION IS MAHAMA BARRED.BOBO ONLY MENTIONS THE BENEFITS OF A FORMER PRESIDENT AS IF BY ENJOYING THE BENEFITS A FORMER PRESIDENT CANNOT CONTEST IF THAT FRMER PRESIDENT ONLY SERVED ONE TERM.PLEASE BOBO YOUR ARGUMENT IS UNTENABLE AS THE RIGHT TO CONTEST HAS NOTHING TO DO WITH THE BENEFITS, PERIOD.THERE IS NOTHING IN ARTICLES 66 AND 68 THAT BARS MAHAMMA. IN FACT EVEN IN AMERICA THIS HAS HAPPENED AT LEAST ONCE IN THEIR PRESIDENTIAL ELECTIONS.I GUESS BOBO IS EITHER BEING MISCHIEVOUS OR IT MAY BE THAT POLITICS HAS AFFECTED HIS KNOWLEDGE OF THE LAW.PLEASE BOBO YOU NEED TO REFRESH YOUR MEMORY ON YOUR CONSTITUTIONAL LAW. THANKS
People need to think how come he stood for 2016 election, weather you like it or not Dr Dr Mahama is comming
This has been my position and I still stand by it. He has already spent over 6years as president. Please don't bring the issue of Prez Atta Mills because after Prof's death, Prez Mahama was sworn into office as President. Reelecting him means he is going to be president for more than 8 years.The constitutional tenure of any president is 8years maximum.
THE MAHAMA LOYALISTS IN OUR PARTY SHOULD TAKE A CUE FROM THIS ARTICLE. THE NPP WILL WAIT TILL THE LAST MINUTE AFTER MAHAMA IS ELECTED IN OUR PRIMARIES TO GO TO THE SUPREME COURT FOR INTERPRETATION. CLEARLY IT IS A 50 50 CHANCE . IF THE NPP WINS THEN WE WOULD HAVE GIVEN THEM A FREE RIDE ON THE VEHICLE OF UNOPPOSE TO THE FLAGSTAFF HOUSE.
The NDC if not careful may be forced to go for an emergency congress in 2020 to elect a new candidate because there may be a lawsuit which will drag for over a year and finally Mahama may be disqualified