The Minority Caucus in Ghana’s Parliament has expressed grave constitutional concerns about what it calls the Presidency’s unprecedented disregard for its constitutional obligations.
The Caucus said in a strong statement that the Speaker of Parliament, President, and Vice President had all left the country at the same time without following the proper constitutional process to appoint an Acting President.
They claim that this is a blatant violation of Article 60 of the 1992 Ghanaian Constitution.
The Minority believes that the President’s decision to leave the country, knowing full well that the Speaker of Parliament and the Vice President were already out, was not only careless but also intentional.
“The constitutional provisions on presidential succession are explicit: whenever both the President and the Vice President are absent from the country, the Speaker of Parliament must be sworn in to act as President.
“This interpretation has been affirmed by the Supreme Court in the landmark case of Asare v. Attorney General.”
Hon. John Darko, Esq., Legal Counsel to the Minority Caucus
The Minority indicated that per the Supreme Court landmark ruling in the above case it clearly stated that at no point should the nation be left without a constitutionally designated acting head of state.
Here, they emphasized that in the absence of both the President and the Vice President, the Speaker must assume that role.
The statement however, bemoaned that the Speaker of Parliament is reported to have departed the country on May 8, 2025 while the Vice President had already traveled abroad for medical attention.
The Minority thus accused President John Dramani Mahama for leaving the country without making arrangements for the Chief Justice to be sworn in as Acting President.
The Minority insisted that the President was fully aware of the Speaker’s absence and deliberately failed to comply with the constitutional requirement, choosing instead to leave the country leaderless—at least in the constitutional sense.
“Their conduct is not only unconstitutional; it is deliberate and calculated. This administration has consistently treated the Constitution as an inconvenience rather than a binding framework.
“They are emboldened to flout the supreme law of the land because they believe they have succeeded in weakening the Judiciary.”
Hon. John Darko, Esq., Legal Counsel to the Minority Caucus
Attacks on Judicial Independence
The Minority further accused the Mahama’s administration of creating an environment that erodes judicial independence through subtle and overt attacks on the Judiciary and the Chief Justice.
They contended that this climate of institutional weakening has made it easier for such serious violations to go unchecked.
Citing the Supreme Court’s ruling in the Asare v. Attorney General case, the Caucus emphasized that the constitutional precedent remains in force.
The minority, therefore, argued that the failure to appoint an Acting President when both the President and Vice President were unavailable is not merely a procedural oversight but a “willful and wanton disregard” for the Constitution.
Drawing inspiration from former U.S. President Barack Obama’s farewell address in 2017, the Minority underscored the moral imperative of upholding constitutional rule.
“Our Constitution is a remarkable, beautiful gift. But it’s really just a piece of parchment. It has no power on its own. We, the people, give it power with our participation, and the choices we make,” the statement quoted what President Obama had said.
The Minority echoed this sentiment, stating that Ghana’s Constitution, while not without imperfections, remains the bedrock of its democracy and must be upheld in both letter and spirit.
“It is only through strict adherence to its provisions—not selective obedience—that we confer upon it the reverence it deserves.”
Hon. John Darko, Esq., Legal Counsel to the Minority Caucus
Democratic Backslide
The Minority painted a grim picture of what they see as a democratic backslide, warning that Ghana’s democracy remains fragile.
The statement cautioned that the progress of Ghana’s democratic journey is neither guaranteed nor irreversible.
Promising to remain vigilant, the Minority pledged to hold the President and his administration accountable.
They emphasized their role as constitutional custodians and guardians of democratic accountability.
“We will hold the President and his Vice accountable to their oath of office, which demands fidelity to the Constitution. Where necessary, we shall invoke the relevant provisions of law to ensure that constitutional breaches do not go unpunished”.
Hon. John Darko, Esq., Legal Counsel to the Minority Caucus
Signed by John Darko, Esq., Legal Counsel to the Minority Caucus, the release ends with a clear warning: any further disregard for Ghana’s constitutional order will be met with firm resistance—both legal and political.
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