[2004]DLSC2401 • January 28, 2004 • Supreme Court •
PROFESSOR STEPHEN KWAKU ASARE vs. THE ATTORNEY-GENERAL DEFENDANT
The President of Ghana notified Parliament of his travel abroad from 24 February to 10 March 2002 to attend the Commonwealth Heads of Government Meeting. The Vice-President was also absent from 24 to 27 February. Pursuant to Article 60(11) of the 1992 Constitution, the Speaker of Parliament was sworn in as Acting President from 24 to 27 February. The plaintiff, a concerned citizen, challenged the constitutionality of the Speaker's swearing-in and acting as President during this period, arguing that mere absence abroad does not render the President unable to perform his functions and that the Speaker should not perform presidential functions except in cases of actual inability of both the President and Vice-President.
read moreDR DATE-BAH J.S.C.: [was invited by his Lordship the Chief Justice to deliver his opinion first]. This is an action brought to invoke the original jurisdiction of the Supreme Court. It is expressed by the plaintiff to be pursuant to articles 2(1)(b) and 60 of the 1992 Constitution and rule 45 of the Supreme Court Rules, 1996 (CI 16). The facts The facts of the case may briefly be stated as follows: On 21 February 2002, the President of the Republic wrote to the Speaker of Parliament, informing the Speaker that the President would be travelling to Australia to attend the Commonwealth Heads of Government Meeting, scheduled to take place from 2 to 5 March 2002 and that he would be away from Ghana from 24 February until 10 March. He further informed the Speaker that during that period, because the Vice-President would also be absent from the country from the 24 to 27 February, the Speaker was, pursuant to article 60(11) of the Constitution, to act as President for those four days. Ac...