Lawyer and Member of Parliament for Secondi, Andrew Agyapa Mercer has described former President John Dramani Mahama’s intended return to contest election 2020 as unconstitutional.
He argues that 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 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 but 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 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.” He said on Starr FM Thursday.
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 –
(4) The President may, by writing signed by him, and addressed to the Speaker of Parliament, resign from his office as President.
Article 68 Reads:
(b) hold the office of chancellor or head of any university in Ghana.
(3) The President shall receive such salary, allowances and facilities as may be prescribed by Parliament on the recommendations of the committee referred to in article 71 of this Constitution.
(4) On leaving office, the President shall receive a gratuity in addition to pension, equivalent to his salary and other allowances and facilities prescribed by Parliament in accordance with clause (3) of this article.
(5) The salary, allowances, facilities, pensions and gratuity referred to in clauses (3) and (4) shall be exempt from tax.
(6) Where the President is removed from office under paragraph (c) of clause (1) of article 69 of this Constitution or resigns, he shall be entitled to such pension and other retiring awards and facilities as Parliament may prescribe on the recommendation of theCommittee referred to in Article 71 of this Constitution.
(7) The salary and allowances payable to the President and any pension or gratuity payable to him on leaving office shall be charged on the Consolidated Fund.
(8) The salary, allowances, facilities and privileges of the President shall not be varied to his disadvantage while he holds office.
(9) The pension payable to the President and the facilities available to him shall not be varied to his disadvantage during his lifetime.
