KNOW THE ORDER OF PRECEDENCE OF PERSONS IN GHANA AND THE SUCCESSION TO THE PRESIDENCY

On succession to the presidency, Article 60 states that:

(6) Whenever the President dies, resigns or is removed from office, the Vice-President shall assume office as President for the unexpired term of office of the President with effect from the date of the death, resignation or removal of the President.

(7) Where the unexpired term served by the Vice-President under clause (6) of this article exceeds half the term of a President, the Vice-President is subsequently only eligible to serve one full term as, President.

( Whenever the President is absent from Ghana or is for any other reason unable to perform the functions of his office, the Vice-President shall perform the functions of the President until the

President returns or is able to perform his functions.

(9) The Vice-President shall, before commencing to perform the functions of the President under clause

(6) of this article, take and subscribe the oath set out in the Second Schedule to this Constitution in relation to the office of President.

(10) The Vice-President shall, upon assuming office as President under clause (6) of this article, nominate a person to the office of Vice-President subject to approval by Parliament.

(11) Where the President and the Vice-President are both unable to perform the functions of the President, the Speaker of Parliament shall perform those functions until the President or the Vice-President is able to perform those functions or a new President assumes office, as the case may be.

(12) The Speaker shall, before commencing to perform the functions of the President under clause (11) of this article, take and subscribe the oath set out in relation to the office of President.

(13) Where the Speaker of Parliament assumes the office of President as a result of the death, resignation

or removal from office of the President and the Vice-President, there shall be a presidential election within three months after his assumption of office.

What is of interest here is where the President and the Vice-President are both unable to perform the functions of the President, the Speaker of Parliament shall perform those functions until the President or the Vice-President is able to perform those functions or a new President assumes office, as the case may be.

The Supreme Court in Asare Attorney-General [2003-4] SCGLR 823 held that where the President and Vice Presidence are unable to perform their functions included when both were absent from or outside Ghana .

By this, it means that whenever we have a different party apart from the one forming the Government constituting the majority and they appoint the Speaker of Parliament, the Speaker becomes the number 3 person in precedence and is able to perform the functions of the President and Vice-President anytime both are absent including when both travel outside Ghana.

Assuming without admitting that a different party forms majority in Parliament, practical issues which include but not limited that may arise:

1. What is the scope of functions of the said Speaker during the absence of the President and the Vice – can he perform all the functions of the President?

2. Due to the haziness around the scope of the functions and other matters, the President and Vice may arrange their affairs such that at all times one of them is within the jurisdiction.