Mahama sued over bid to vie for a second presidential term

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Former President John Dramani Mahama has been sued by a Ghanaian citizen, Kenneth Kwabena Agyei Kuranchie, over his bid to run for a second presidential term on the ticket of the National Democratic Congress (NDC).

The lawsuit, filed in the Supreme Court, seeks to disqualify Mahama from contesting as a flagbearer of a political party or for the presidency in the future.

The plaintiff argues that according to Article 66 (1) of the 1992 Constitution, a person seeking a second presidential term must be a sitting president. As Mahama is seeking to recontest after being out of office for approximately 8 years, the plaintiff contends that he does not meet the constitutional requirements. The plaintiff further asserts that a former president seeking re-election must obtain parliamentary approval before pursuing such ambitions.

The reliefs sought by the plaintiff include an order for the former president to fully disclose to parliament the terms of his engagement as the NDC flagbearer. Additionally, the plaintiff is seeking a direction from the Supreme Court to the Speaker of Parliament to invoke and operationalize Article 68 (2) of the 1992 Constitution which states that,

[The President shall not, on leaving office as President, hold any office of profit or emolument, except with the permission of Parliament, in any establishment, either directly or indirectly, other than that of the State].

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The lawsuit highlights the constitutional provisions and requirements for presidential candidacy in Ghana, specifically in relation to seeking a second term. It brings attention to the interpretation of these provisions and seeks legal remedies to address the plaintiff’s concerns regarding Mahama’s eligibility.

The Supreme Court will ultimately determine the outcome of this case and its implications for Mahama’s political aspirations.

In addition to the previous reliefs sought, the plaintiff is requesting the court to order both former President John Agyekum Kufuor and former President John Dramani Mahama to provide parliament with all engagements not related to matters of the State of Ghana. The aim is to ensure transparency and accountability regarding their non-state engagements.

Furthermore, the plaintiff is seeking a court order for Mr. Mahama to seek parliamentary approval for his engagement as the flagbearer of the NDC. As an alternative, the plaintiff requests that Mahama refrains from pursuing his presidential ambitions if he does not obtain parliamentary approval.

Article 66 (1) of the 1992 Constitution states that a person elected as President shall hold office for a term of four years, beginning from the date of their swearing-in as President. This constitutional provision sets the term limit for a sitting President.

According to Article 68 (2) of the 1992 Constitution, a President who has left office should not hold any office of profit or receive emoluments without the permission of Parliament, except for positions within the State. This provision aims to ensure that former Presidents do not engage in activities that may pose a conflict of interest or compromise the integrity of their former office.

The plaintiff’s arguments are based on these constitutional provisions, emphasizing the need for adherence to the constitutional requirements for presidential engagements and the transparent disclosure of non-state activities. The Supreme Court will consider these arguments and the relevant legal principles in its deliberations and decision.

1 comment

“We’re not going back to dumsor; we leave that to Mahama” – Akufo-Addo June 13, 2023 - 11:39 pm

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