I read an article posted by Graphic Online that Chairman Wontumi intends to seek an interpretation of constitutional provisions regarding the eligibility or ineligibility of former President Mahama to contest for President in our next elections.
This is very important for our democracy because legal documents are difficult to understand.
I had asked myself the question why both the former president and our beloved NDC party were oblivious to Article 66 of the Constitution. I read the article and its subsections and was more confused about Article 66(2). Article 66(1) is unambiguous because it defines the term of office as it says a person elected as president shall serve a term of 4 years. However, Clause 66(2) states that a person elected as president cannot serve for more than two terms. That is where my confusion starts.
The issue is, if the term of office is 4 years but one cannot serve for more than 2 terms, does this mean every elected President has an automatic 2 terms? As a layman, my answer is no. It's because if it were mandatory, there will not be the need for an election every 4 years.
Secondly, my understanding is, Clause 66(2) applies to an incumbent who has been re-elected to serve as President for another 4-year term. In the situation where the incumbent loses an election, the clause becomes inoperative. One cannot, therefore, say, because I did 4 years, I still have another 4 years left.
Given that the first two Clauses of Article 66 are linked and the fact that Clause 2 of this article is very flat, the call for an interpretation is very important. The two clauses need clarification as we deepen our democracy. Assuming the interpretation is that a person who served as President for 4 years, lost the bid for a second term qualifies to contest for another 4-year term, then we need to define what other clauses say in terms of remuneration and other entitlements for former Presidents. Particularly for those who are re-elected after they have become a former President. We also need to define the cut-off point because there is the tendency to argue that the second 4-year term is new round and therefore one has to contest for another term. The confusion in our democratic process will be so great. Thus the need for a closure on presidential term of office, particularly when one loses elections after the first 4 years.
I expected this to happen but my speculative mind told me it will be after former President Mahama wins the presidential ticket to lead the NDC in 2020. I also anticipated the NDC has done its homework and gathered information that was used to convince itself about the eligibility of Mr. Mahama for 2020. In spite of this, it's important to review the information and take pre-emptive action now. As stated earlier, my layman's view is that the former President is ineligible to contest for the Presidency in 2020.
This is because the constitution is clear that a person elected as president shall serve a term of 4 years. This provision is clear and unambiguous as a term of office simply means a period of time that one holds a position. There is no provision for a return match once a person loses the presidency. Similarly, Clause 3 (a) of Article 66 is also very straightforward. So, the earlier the NDC party reacted the better. Otherwise, the NDC will be shooting itself in the foot.
The current debate is getting interesting. In looking at eligibility, other Articles have to be invoked. Article 68 and it's clauses may have some hidden information. It details emoluments, privileges and obligations of both sitting and past Presidents. Emoluments and benefits a past President can enjoy during his lifetime may mean a lot.
It's therefore important for an interpretation before we put ourselves in a mess.
Thanks.
Source: Sofo C.A. Ali-Akpajiak | Socio-Economist | [email protected]
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Ndc are their own enemies and that's why most Ghanaians see that party as for f000**00ls they do their things gidigidi without thinking of the outcome later. They could hire some people to send the creation of the Oti region to the Supreme Court for interpretation which was thrown out,but can't send this important one to the Supreme Court for interpretation before it us too late. When Mr Kwame Mpianim made up his mind to contest for the NPP flagbearer candidature there was a clause to be clarified since he had been accused of treason before so NPP went to court before it was too late and the Supreme Court verdict was he was not illegible to contest and that brought relief to the party, but ndc think they are entitled to Ghana and the presidency so can do whatever and if they don't take care they will laugh at the wrong side of their mouth. Ghana is not Russia where Putin can give to his favourite and come back for it. Nana Addo is from a different political divide and working to attain his goal and vision for this country and no man can claim entitlement to that seat by coming back after a humiliating defeat and thinking the good people will give him power, it is not easy as he think. If Ghana is practicing the American type of presidency then ndc tell your man former president Jimmy Carter is enjoying his first term benefits and the late JHW Bu*sh enjoyed till he died, it will be an honour to behave like that than forcing himself with the I'm coming back syndrome which Ghanaians are not listening to even hear, so I don't know how he can overcome his 44% incumbency to win in opposition! it's really sickening !
Ghanaians just like talking.what is ambiguous about the clauses?
Mahama is driven by pure greed nothing more nothing less. He was assembly man, mp, deputy minister, substantive minister, vice president, president and now former president. What at all is left for Mahama to achieve? If he performed during his time as president, we would have considered him for another opportunity. We are all witnesses to all the massive corruption cases that took place just a few years ago.
I have asked similar question with regards to his entitlement in the case former president Mahama. If it happens that he gets the opportunity to lead the country again, what shall be given him upon his exit after serving his last term. Will he get another house, office, staff, etc or he would go home with nothing.......IF he becomes president again. Somebody give us answers we are waiting.
THESE ISSUE MUST BE SETTLE .BY THE CONSTITUTION NO RE-TURNED MACH , THE PRESEDENCY IS NOT A boxing
Are we going to give Mohamma another house etc after second term Incase he won 2020? Thank God Nana did not give him that house that he asked for, then we must as well double the entitlement for all the former presidents who have won second term cos it must be first and second term entitlement. Oh GHANA.