https://www.myjoyonline.com/ghana-and-the-rule-of-law-ii/-------https://www.myjoyonline.com/ghana-and-the-rule-of-law-ii/
Opinion

Ghana and The Rule Of Law II

We were just sitting under a rural shed when a caller rang from town to inform us about the death of President Mills towards the evening of July 24. Sentiments of sorrow swept across the entire nation so that some people abrogated their duties and programmes for sober reflections. Whilst engrossed with isssues of his demise, the ascension to the presidency was eminent according to article 60 (6) --"..... with effect from the date of death..." The 1992 Constitution of Ghana like many others is cautious of diction, using the word "shall" and not "will." This goes to say that such ascension or investiture is not automatic. What if the Vice President or some others on the queue dies or die immediately after the president's death? Or if the to-be successor ever acted in willful violation of the oaths of office--say Vice Presidential Oath and Oath of Allegience which is not yet in the public domain? Could residual powers of parliament call for an investigation before the oath taking. What if the Chief Justice and Speaker die in a plane crash moments later? This is not a mere theoretical concept since chance and mischance befall every creature under the sun. Don't think evil, however. I don't know whether the Chief Justice made any preliminary statement of no allegation or assumption before administering the oaths. I only heard of Mahama as President the following morning. I have no personal resentments against big brother John Mahama, now President of the Republic of Ghana. So it came to pass that he was elevated to the highest citadel of nationhood in Ghana. The next thing that followed was the search for a Vice President (designate) or nominee. I use the word 'designate' because it was subject to approval from parliament. This goes to suggest that parliament, if not a rubber stamp, will request for the credentials of the one carefully nominated for a study and summon him/her for further perusal-- whether you call it vetting or interview. The fellow could be any person qualified to be elected (appointed) Vice President, including Ministers of State who may have serious unsolved problems or allegations from their ministries. On Clause 10 of the same article the time period is discretionary. Even though the person can be nominated pronto, he/she cannot be sworn in like that because parliament has its own standards. Let's turn to the oath of the Vice President. The Vice Presidential candidate is usually designated by the Presidential candidate prior to the general elections. When a presidential candidate is duly elected, it is considered that the Vice Presidential candidate too is duly elected so that his or her post is thought of as by election. Now, in case of vacant position of a Vice President, if he/she just gets ''approved" by parliament whether through the Appointments Committee or any special committee can we deem such a person elected so as to qualify to take the Vice Presidential oath? If no, can the representatives of the people do the election on behalf of the people in this special case? If yes, will he/she be given appointment and/or served a copy of the election results? Do the people have the right to know the results of the votes cast by their representatives? Even presidential candidates (and Vice Presidential candidates) are perused by their own parties and the Electoral Commission. (I stand for correction.) Are we putting all these considerations? Can someone be approved by a parliamentary or any other committee and yet be voted down? So it is better that as law-abiding citizens we choose from a larger set, someone less likely to be humiliated at parliament, or who would prolong pending investigations because of certain immunities of the new office. Ghanaians are wise people and the talisman that prevents people's curiosity has been defied. Nothing really can be glossed over. In democracy the Majority matters as well as the Minority. And every single voice counts and must not be suppressed from being heard. Back to the demise, while sorrow was the word, some embittered and dissatisfied citizens chose to reserve their comments: the evil is often buried with the dead in Ghanaian society. Though I forgive his person, there is very little I can do about the legal course as the government lives on. I had published, after a nightmare with demons, Government by Magic Spell on the web four days to the late Prez John Mills birthday. This was accidental, however. And seven days later he translated into the netherworld. If matters of the state including such prodigious violations went through the right legal procedures nobody would be a victim of these prevailing circumstances. The constitution is a God of its kind that protects the rights, freedoms and liberties of those it cares for as well as ensuring rightful living. We might have drunk from the same Water Resources as told by Saida, a Somali feminist writer, but again the talisman that obscures people's curiosity has been defied or desecrated. Earlier this year I vented my spleen on this willful violation of the constitution with impunity and the general negligence of society. May the soul of the late President Mills rest in peace. And may President John Mahama be guided by rightful conscience. Good day, everyone.

DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Tags:  


DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.