Mahama’s Unauthorised Absence Violation Of Constitution – Minority

John Darko

 

The Minority in Parliament has accused President John Dramani Mahama and his administration of engaging in a “clear and egregious” violation of the 1992 Constitution.

This follows revelations that the President, Vice President, and Speaker of Parliament are all currently outside the country without a constitutionally mandated Acting President in place.

In a press release signed by its Legal Counsel, John Darko, the Minority expressed deep concern over what they described as a “deliberate and calculated” disregard for Article 60 of the Constitution, which governs presidential succession.

The article mandates that when both the President and Vice President are absent, the Speaker of Parliament must be sworn in to act as President — a process that was not followed, the Minority said.

According to the statement, Speaker of Parliament, Alban S. K. Bagbin left the country on May 8, 2025. The Vice President, Prof. Naana Jane Opoku-Agyemang, is reportedly abroad receiving medical treatment.

The Minority said despite being aware of both absences, the President allegedly departed the jurisdiction without ensuring that the Speaker had been sworn in to act as head of state.

“Their conduct is not only unconstitutional, it is deliberate and calculated,” the Minority charged.

“This administration has consistently treated the Constitution as an inconvenience rather than a binding framework,” the statement added.

The group cited the Supreme Court’s decision in Asare v. Attorney General as precedent, affirming that at no point should the nation be left without a constitutionally designated head of state.

“The precedent set… has not been overturned,” the statement said, and continued, “Thus, the President’s actions and those of his advisors constitute nothing short of a willful and wanton disregard for the Constitution.”

The Minority further accused the government of undermining the independence of the Judiciary, referencing alleged attacks on the Chief Justice and the broader judicial system.

The statement invoked former U.S. President Barack Obama’s remarks on the importance of upholding constitutional principles, asserting that the Ghanaian Constitution, though “not without its imperfections,” is the bedrock of the country’s democratic stability.

The press release pledged the Minority Caucus’ determination to hold the President and Vice President accountable and to invoke legal avenues to address what they call a serious constitutional breach.

“This is one of the clearest demonstrations yet of this administration’s habitual violations of the supreme law of the land,” the Minority warned.

“The progress of our democratic journey is neither guaranteed nor irreversible,” it concluded.

By Ernest Kofi Adu

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