US-based Ghanaian Accounting Professor and a respected voice on legal matters in Ghana, Prof Kwaku Azar has scolded lawyer and governance analyst, Dr. Eric Oduro Osae, for saying that Ghana’s constitution in its current form, cannot be said to be against former presidents who have served two terms already from putting themselves up again to be elected.
Dr Osae who spoke on Citi FM is reported to have said that the immediate past president, John Dramani Mahama, who left office after serving just one term, is also eligible to serve two 4-year terms, contrary to popular understanding from the constitution that each President has a maximum of two 4-year terms.
Dr. Oduro Osae explained that John Mahama’s exit from office in 2016 nullifies his first term because the constitution suggests that a president is barred from contesting the high office after completing two straight 4-year terms. He suggested former Presidents Rawlings and Kufuor could be eligible to re-contest after 8 years elapsed since they served.
But Prof Azar in a message to Ghanaians believes that while he has learnt something new from the opinion of Dr Osae, his opinion was simply a lie.
“I learn something new everyday. Today, I learnt from Dr. Oduro Osae, who is the Dean of Studies and Research at the Institute of Local Government Studies (ILGS), that a break in the two terms renders the earlier term obsolete giving former Presidents the opportunity to restart the two terms all over.
While learning new things is clearly useful, let us keep in mind that not every new thing that we learn is true.
Da Yie!” he wrote.
For the avoidance of doubt, we hereby quote Dr Osae words:
“My understanding of Article 66 clause 2 of the constitution is that you will be able to serve two straight terms. One term is 4 years, so President Mahama served his first four-year term. Had he not left, President Mahama could have gone for another term. With that, Article 66 clause 2 would debar him from contesting again but because of the break, it gives him an opportunity to start another term. Assuming that he comes 2020 and he wins the election, he is starting a first term and if he continues and goes in again for 2024, he can go in for another term. What it means is that his first term has been written off,” he said.
He added: “I also think that by the provision under Article 66 clause 2, it does not debar any of our former presidents from putting themselves up again to be elected as president after they have exhausted their first two terms,” he added.
But what does article 66 say?
Article 66 of the 1992 Constitution says:
(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.
Source: ghanaweb.com
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No one is afraid of John Mahama and his NDC because we can't mention any good policy they brought to the country compare to the great NPP.
mahama shd be feared because is a leader of a notorious cr1m1nal gang.
What is your view backed by the constitution of Ghana? Do not merge the constitution of Ghana with that of the USA. You always leave your articles hanging without making suggestions. Which University are you lecturing in the States if l should ask. Secondly, we professionals don't use the word "lie". We use the word agree or disagree
NO BODY IN NPP SCARE OF J MAHAMA OOOOO, WE NPP'S AND most ghanaians dont want hear the name J MAHAMA, HE IS A TH-IE-F THAT IS WHY, WE DONT NEED SADA OR ASOFOTON, NEITHER AKOFEM BIRDS GONE TO BURKINA AND COULDNT RETURN ANYMORE AGAIN, NOMORE MAHAMA SPENDING GHANAIANS HUGE MONEY TO DO BUS BRANDING, NO MORE ST-EA-LING GHANAIANS MONEY TO BUY A HOUSE IN DUBAI.WE DON'T WANT A PRESIDENT AS MAHAMA TELLING GHANAIANS HE CANT USE 2 AND HALF YEARS TO FIX GHANA ECONOMY. GHANAIAN'S DON'T WANT TO HEAR THE NAME J MAHAMA, WHO IS SCARED OF THIS TH-IE-F, SHAMEFUL A ND DISGUSTING NDC MEMBERS AND THEIR ST-INK-ING PARTY
YOU KEEP ON ASKING WHY THE NPP LOOKS SO SCARED WHENEVER THE NAME JM IS MENTIONED?..... YOU WILL KNOW WHEN THE TIME COMES. LOOK AT WHAT THEY'VE DONE AND STILL DOING TO DESTROY THIS MAN BECAUSE OF POLITICS. HE WILL REWRITE HIS SECOND COUP D'ETAT WHEN THE TIME COMES AND THERE THE NPP WILL KNOW IT'S VERY BAD TO COME TO POWER ON THE BACK OF LIES... THE NPP IS INDEED IN FOR A BIG MESS. JM IS COMING LIKE KAKAI
Anybody with the BIG balls could seek for interpretation of the Supreme Court on this matter. This is not anything to argue on who is Prof and who is Dr.
Dr. Osai, come again! Prof Asar, god bless you!
i am so sad that people still thinking about JM. JM is not good for Ghana again. he has failed his country for one or two reason so guys come 2020 to meet nana addo
Pls come back to Ghana and let's build our nation together rather than exploiting lies from another man's land everyday. Whether u haters like it or not JM is coming back like kakai. He will come and deliver us from infected virus govt of nppiglets. Ur name has even confirmed everything that u are truly AZAR MAN. Go get something do and live JM alone for us. Fire burn u all.
Professors, mo mfiri yen so nko wai mo nyina ara mo ti awu You have worsened it Why are we NPP afraid of Mahama like that?