Politics

President’s foreign travel without swearing in acting leader is illegal

The Minority in Parliament has raised alarm over what it describes as a serious constitutional violation by President John Dramani Mahama, following his departure from Ghana alongside his Vice President and the Speaker of Parliament, without the necessary swearing-in of an Acting President.

In a strongly worded statement issued on Monday, May 12, 2025, the Minority Caucus described the situation as a “clear and egregious violation” of Article 60 of the 1992 Constitution, which outlines presidential succession in the event of the absence of both the President and Vice President from the country.

“It is a matter of public record that the Speaker of Parliament departed the jurisdiction on 8th May 2025. 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,” the statement said.

The caucus referenced the Supreme Court ruling in Asare v. Attorney General, which held that Ghana must never be left without a constitutionally mandated head of state. In the absence of both the President and Vice President, the Speaker of Parliament is required to be sworn in as Acting President.

“This administration has consistently treated the Constitution as an inconvenience rather than a binding framework,” the statement continued, accusing the government of systematically undermining judicial independence and weakening institutional checks and balances.

The Minority warned that such actions could threaten the country’s democratic foundations, stating, “Ghana is still a fragile democracy. The progress of our democratic journey is neither guaranteed nor irreversible.”

Quoting former U.S. President Barack Obama, the Minority stressed the importance of collective responsibility in upholding the Constitution: “Our Constitution… has no power on its own. We, the people, give it power with our participation, and the choices we make.”

Read the full statement below:

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