Misinterpretation of Article 60(11) of the 1992 Constitution
Captain Nkrabea Effah Darteh’s claim of a constitutional breach hinges on a fundamental misreading of Article 60(11) of the 1992 Constitution of Ghana. This provision states:
- Article 60(11): “Where the President and the Vice-President are both unable to perform the functions of the President, the Speaker of Parliament shall act as President.”
Effah Darteh misinterprets this clause by assuming that the mere absence of the President and Vice President from Ghana automatically triggers the need for the Speaker to be sworn in as Acting President. This is a legally flawed position because:
- Physical absence does not equate to incapacity or inability to perform duties. The President and Vice President may be outside the country but still fully capable of performing their constitutional duties through electronic communication, delegation, or direct executive orders.
- The term “unable to perform” refers to specific conditions like incapacitation (e.g., serious illness) or formal resignation, not travel or temporary absence.
- No Constitutional Requirement for Automatic Handover During Travel
The Constitution does not require that the President or Vice President must always transfer authority to the Speaker whenever they travel. The Speaker’s role as Acting President is activated only when both are “unable to perform” their functions, which must be formally declared.
- In this case, there is no evidence that President Mahama or Vice President Naana Jane Opoku-Agyemang were unable to perform their duties during their absence.
- Modern governance systems, including Ghana’s, allow for remote leadership through secure communication and directives. The President can issue orders, communicate with ministers, and make decisions from anywhere in the world.
- Misrepresentation of Swearing-in Requirements
Effah Darteh also incorrectly suggests that the Chief Justice must swear in the Speaker of Parliament every time the President and Vice President travel. This is false because:
- Swearing in the Speaker as Acting President is a formal process that occurs only when the President and Vice President are unable to perform their roles, as in cases of death, resignation, removal, or incapacitation.
- Routine travel by the President and Vice President does not trigger this process.
- Political Motivation and Legal Irrelevance
Effah Darteh’s position appears to be driven more by political interests than by sound legal analysis. By falsely framing the routine travel of national leaders as a constitutional crisis, he creates unnecessary alarm and undermines public confidence in governance without any legal basis.
- The Constitution’s drafters did not intend for the country to plunge into a constitutional vacuum each time the President or Vice President travels abroad.
- Ghana’s governance structure is robust enough to ensure continuity of leadership even when the top leaders are temporarily outside the country.
- No Constitutional Breach
Effah Darteh’s assertion is legally baseless. President Mahama and Vice President Naana Jane Opoku-Agyemang’s absence from Ghana does not constitute a breach of the Constitution. The government remains functional, and no constitutional vacuum has been created.
This propaganda narrative should be dismissed as a politically motivated misinterpretation of Ghana’s supreme law.
Written by Raymond Ablorh (Policy, Strategy & Communication)
