The Minority in Parliament has raised concerns over the alleged failure of the government to hold a constitutionally mandated swearing-in of an Acting President in the absence of the President, his Vice President, and the Speaker of Parliament from the Republic.

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In a press statement dated May 12, the Minority stated that such an action is "a clear and egregious violation of Article 60 of the 1992 Constitution of Ghana."

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Section 60(8) of the constitution indicates that "Whenever the President is absent from Ghana or is for any other reason unable to perform the functions of his office, the Vice-President shall perform the functions of the President until the President returns or is able to perform his functions."

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Other clauses read: (11) Where the President and the Vice-President are both unable to perform the functions of the President, the Speaker of Parliament shall perform those functions until the President or the Vice-President is able to perform those functions or a new President assumes office, as the case may be.(12) The Speaker shall, before commencing to perform the functions of the President under clause (11) of this article, take and subscribe the oath set out in relation to the office of President.

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The Minority noted that this interpretation has been affirmed by the Supreme Court in the landmark case of Asare v. Attorney General.

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"The Court held that at no point should the nation be left without a constitutionally designated acting head of state; in the absence of both the President and the Vice President, the Speaker must assume that role."

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Per the statement, the Speaker of Parliament, Alban Bagbin, departed the jurisdiction on 8th May.

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"The President, fully aware of this fact and also aware that his Vice President had traveled earlier to seek medical attention abroad, nonetheless proceeded to leave the country without taking steps to ensure that the Chief Justice administered the oath to the Speaker to act as President, as mandated by the Constitution," the statement read.

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It added, "thus, the President's actions and those of his advisors constitute nothing short of a willful and wanton disregard for the Constitution of Ghana. This is one of the clearest demonstrations yet of this administration's habitual violations of the supreme law of the land."

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The Minority has vowed to hold the President and his Vice accountable to their oath of office, which demands fidelity to the Constitution.

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