As the controversy rages on, on how many times the Speaker should swear the oath as an Acting President, Kumbungu Member of Parliament (MP) Ras Mubarak has served indications that he would be heading to the Supreme Court to seek an interpretation of the law that requires the Speaker to be sworn in to act.
MPs from both side of the House have raised issues with the House being called within a week to swear the Speaker twice and he taking the oath of the President, whiles the elected Head of State and his Vice are outside the jurisdiction.
According to him, the Constitution is not clear on the circumstances which require the Speaker to be sworn in as the elected President may still be able to perform his duties even though he is not in the country.
According to him, swearing in the Speaker actually makes our democracy a lot more exciting but as exciting as it is, it is important to also test the Constitution. “I am of the view, that if the President of the Republic and the Vice President are out of the jurisdiction, does that incapacitate them and make them unable to perform the functions of President and Vice?”, he queried
President can send e-mails from wherever he is in the world directing his Chief of Staff and his Ministers to carry out certain instructions. If he does not trust e-mails, he can send telegraphs from wherever he is around the world and he can make phone calls, he said.
He further pointed out that, when the President is out of the jurisdiction then it means he’s unable to perform his functions is clearly an anomaly. He does not necessarily have to be in the country physically to perform his duties. When he travels outside the country he does so in his capacity as elected President of the Republic of Ghana.
The President’s physical absence from the jurisdiction does not incapacitate him from performing his functions, he lamented.
By: Kwaku Sakyi-Danso/ghanamps.com `