Lawyer and Member of Parliament for Sekondi, Andrew Agyapa Mercer has described former President John Dramani Mahama’s intended return to contest election 2020 as unconstitutional.
According to him, any such move by Mr Mahama could be fraught will legal challenges as the constitution is clear on his eligibility under this circumstance.
Ex-President Mahama over the weekend declared his intention to contest the Presidency in the 2020 general polls and will face a stiff contest from the likes of Ekow Spio Garbrah, Prof. Joshua Alabi, Alban Bagbin, and Sylvester Mensah at the party’s primaries.
But Lawyer Andrew Agyapa Mercer is clear in his reading and understanding of the 1992 constitution that the ex-President Mahama constitutionally has no 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 that these are express words of the constitution.
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, that two terms is a continues to term.
When you leave office your benefits that are not varied until you die are there in the constitution, it’s clear 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 twenty years if he so desires and come back to come to continue. In this case he’s coming back after 4 years, for me I say he’s no right to contest.”
Article 66 of the 1992 Constitution reads:
(1) A person elected as President shall, subject to clause (3) of this article, hold office for a term of four years beginning from the date on which he is sworn in as President.
(2) A person shall not be elected to hold office as President of Ghana for more than two terms.
(3) The office of President shall become vacant –
(a) on the expiration of the period specified in clause (1) of this article; or
(b) if the incumbent dies or resigns from office or ceases to hold office under article 69 of this Constitution.
(4) The President may, by writing signed by him, and addressed to the Speaker of Parliament, resign from his office as President.
Source: kasapafm
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Tsupid GOP. Comment on the issue and stop fuu.ling. You're so Tsu.pid to the core. Maybe you don't understand the content. Abo.wa nkye wo nwe. Kwa.sea ara kwa. Wose prɔeɛ. Whose ka.nkan.
Eeeeeiiiiiisheeeeeeeee Mama have is coming so de old man Mr 74 and his suser incompetent up porters are melting u guys haf not seen anything yet be4 2020 Ghanaians will chase dat old man out like an arm robberr cuz he is going to fail badly so pls just wait and see as for JDM he will destroye de old man potoooooooo the thiefffffffff old man
@lous, JDM STRUCK WHAT FEAR? APPUUUUU!!!! UR INCOMPETENT MAN WITH ALL THE RESOURCES AT HIS DISPOSAL WAS STILL TRASHED BY ONE MILLION VOTE AND THAT SHOULD TELL U HOW ***barred word*** HE WAS TO GHANAIANS HOME AND ABROAD. THE TRUTH IS OUR CONSTITUTION MUST BE RESPECTED PERIOD!!!
Oh JDM see how you have struck the fear of God into these NPP parasites. Hahahahaha
Am surprised that all of a sudden the so called expect a having running stomachs all over. If you say Nana Addo is a good candidate 2020 will come and we shall see if Nana Addo will still be president. Nana Addo will lose 2020 period.
Where are mahama's counsellors? Please be bold and tell him the truth to retire with dignity. There's no chance of him winning the 2020 elections. NPP has established monumental achievements; its there for everybody to see. NPP has less job to do for the 2020 campaign and the election will be a nice gift for them. Make no mistake, those who're encouraging Mahama to run benefited directly from his presidency and are looking forward for more benefits. NDC should take 2020 election as a general warm up for a possible takeover in 2024.
You guys of the fraudulent npp corrupt party thinks there is no constitution governing the country is it? you are always trying to twist the countries written laws to suit your own purposes.
Interesting times ahead. We will certainly seek an interpretation from the supreme court on this matter.
I HAVE ALWAYS SAID, AND WRITTEN ON THIS PLATFORM SEVERAL TIMES THAT JOHN MAHAMA HAS EXHAUSTED HIS TERM OF OFFICE AS PRESIDENT AND ANY ATTEMPT TO COME BACK WILL BE TANTAMOUNT TO A BREACH OF THE CONSTITUTION. ONE: HE SERVED AS VICE-PRESIDENT UNDER JOHN MILLS AND IN FACT CONTINUED AND FINISHED THE REST OF JOHN MILLS' FIRST TERM OF HIS PRESIDENCY. THAT BY ANY CALCULATION IS ONE TERM. TWO: HE STOOD AS PRESIDENT AND BY HARD LUCK BECAME PRESIDENT FOR A SECOND TERM. THAT COMPLETES HIS TWO TERMS AS PRESIDENT OF THE REPUBLIC. ANY ATTEMPT TO COME AGAIN AS PRESIDENT INDEED FROWNS ON THE CONSTITUTION OF THE REPUBLIC OF GHANA. HE MUST BE STOPPED BY ALL MEANS, OTHERWISE, JOHN RAWLLING AND JOHN KUFUOR CAN ALSO COME AND STAND AS PRESIDENTS.
Fear already gripping them... JDM for 2020