A private legal practitioner and constitutional lawyer, Paul Kumi, has dismissed the Minority’s recent claims of constitutional breaches as unfounded and lacking in principle. Speaking on the Adeɛkyee Mu Nsem morning show on Ahotor 92.3 FM, hosted by Citizen Kofi Owusu in Accra, Mr. Kumi stated that the country’s institutions are structured to act according to directives and communications from the presidency in the absence of the President.
“There are laid-down procedures and corresponding documentation that ensure the constitutional arms of government remain functional and maintain peace and stability when the President is unavailable,” he said.
He further explained that the constitutional framework allows for continuity in governance. If either the President or Vice President is absent, there are coordinated measures in place to ensure that governance continues seamlessly. In extreme cases, he added, the Chief Justice can step in to perform presidential duties.
Meanwhile, the Minority Caucus in Parliament has strongly condemned what it describes as a blatant violation of the 1992 Constitution. Their statement follows the simultaneous absence of the President, Vice President, and Speaker of Parliament from the country—without the swearing-in of an Acting President.
In a press release issued on Monday, May 12, 2025, the Minority pointed out that all three top officeholders were out of the country at the same time, which they argue contravenes Article 60 of the Constitution. The article mandates that if both the President and Vice President are unavailable, the Speaker of Parliament must be sworn in as Acting President.
At the time, President John Dramani Mahama was attending the African Union Debt Conference in Togo, while Vice President Jane Naana Opoku-Agyeman was in the United Kingdom receiving medical treatment. The Speaker of Parliament, Alban Bagbin, who should have assumed the role, was also reportedly out of the country.
The Minority further noted that the Chief Justice, Gertrude Torkonoo—who constitutionally should assume the presidency in such a scenario—is currently under suspension.
Describing the situation as “deliberate and calculated,” the Minority accused the government of treating the Constitution as “an inconvenience rather than a binding framework.”
The statement, signed by the Minority’s legal counsel, John Darko, warned that such constitutional infractions could threaten Ghana’s democratic foundation.
“We will hold the President and Vice President accountable to their oath of office, which demands fidelity to the Constitution. Where necessary, we shall invoke the relevant provisions of the law to ensure that constitutional breaches do not go unpunished,” the statement concluded.
