Under the 1992 Constitution, there are currently three routes to becoming President of the Republic of Ghana. Interestingly the second and third routes arise only after the first route has already been traveled.
Firstly, a candidate is elected, under Article 63 (9): upon declaration after a Presidential Election. This is the foundation and root of becoming a President. This situation needs to have occurred before the other two routes can come into play. This declaration after an election has occurred six times under the 1992 Constitution.
Secondly, a Vice President inherits the Presidency after the death, resignation or removal from office of the sitting President, under Article 60(6). As President Mahama did on the death of President Mills
Thirdly, after a challenge by way of an Election Petition, in the Supreme Court, under Article 64(2). This is being attempted by Nana Akufo Addo at present in the Supreme Court.
Under the first route a declaration by the Electoral Commissioner identifies the President Elect who is later sworn in. By the second route the sitting Vice President automatically becomes President and is sworn in. Thirdly, as part of its ruling the Supreme Court can declare the contested declaration invalid and state the rightful winner of the elections.
ELECTION PETITION
In the current situation with the Election Petition before the Supreme Court, there are three possible outcomes. This piece is aimed at providing scenarios in respect of the various outcomes with respect to governance after the judgment.
The outcomes are:
1. Supreme Court declares John Mahama as duly elected.
2. Supreme Court declares John Mahama�s election invalid and rules Nana Akufo Addo as the winner of the 7th December 2012 polls.
3. Supreme Court declares John Mahama�s election invalid and rules there must be a runoff between John Mahama and Nana Akufo Addo to decide the president.
Outcome 1
Supreme Court DECLARES JOHN MAHAMA AS DULY ELECTED
In the event the Supreme Court rules for John Mahama, then the president continues to rule as sworn in on the 7th January 2013. Nana Akufo Addo and the NPP stay in opposition and must look to the next elections
Outcome 2
Supreme Court DECLARES JOHN MAHAMA�s ELECTION INVALID AND RULES NANA ADDO AS THE WINNER OF THE 7th December 2012 polls.
In the event the Supreme Court rules for Nana Akufo Addo, then the following occur
� From the moment the verdict is given, John Mahama automatically ceases to be president:
i. He is no longer head of state and commander in chief.
ii. If he does not accept the verdict and intends to apply for a review, he does so as a citizen and not as the President.
iii. All his ministers, MMDCE�s, Appointee, and political ambassadors cease to be.
iv. The actions of President Mahama prior to this point remain the action taken by the President of the Republic of Ghana.
� Nana Akufo Addo will be sworn in as President of the Republic of Ghana by the Chief Justice. The constitution is silent on whether this is to be done in the Supreme Court or in Parliament. To be sworn in at the Supreme Court immediately after the ruling ensures there is no power vacuum. However if parliament is immediately convened the swearing in can be done in Parliament on the same day.
i. Akufo Addo becomes head of state and Commander in chief
ii. He will be party to any Supreme Court Review as the President of the Republic
iii. Nana Akufo Addo appoints his ministers, DCE�s etc
� In the period between the verdict and the appointment of ministers, MMDCE�s the top civil servant i.e. Chief Directors and Coordinating Directors, will run their organizations.
� All outgoing Ministers, MMDCE�s and other appointees will have to prepare their handing over notes when they have ceased to hold office. They will thus need the cooperation of their former subordinates to achieve this.(as was the case in 2009)
� The Transition Law does not provide for such a quick reversal in power, and as such must be amended to provide for such a scenario.
Outcome 3
Supreme Court DECLARES JOHN MAHAMA�s ELECTION INVALID AND RULES THERE MUST BE A RUNOFF John Mahama and Nana Akufo Addo TO DECIDE THE PRESIDENT.
� From the moment the verdict is given, John Mahama automatically ceases to be president:
i. He is no longer head of state and commander in chief.
ii. If he does not accept the verdict and intends to apply for a review, he does so as a citizen and not as the President
iii. All his ministers, MMDCE�s, Appointee, and political ambassadors cease to be.
iv. The actions of President Mahama prior to this point remain the action taken by the President of the Republic of Ghana.
� The Speaker of Parliament becomes President and Commander in Chief. ( one view is that as the Speaker is nominated by the President his position is vacant and thus the Chief Justice acts as President)
� Runoff Elections are held within 3 months as stipulated in Article 60(13).
� In the period between the verdict and the appointment of ministers, MMDCE�s by the winner of the runoff election, the top civil servant i.e. Chief Directors and Coordinating Directors, will run their organizations.
� The winner of the runoff is sworn in.
� The new President forms his government.
The Civil Service, Security Agencies and Public Services of Ghana are professional and competent enough to keep their organizations functioning through the transition should the need arise.
Those of us who live in these interesting times are privileged to be witnesses to events which by whatever outcome will be redefining democracy in Ghana. We must be proud to belong to the Black Star of Africa, and the beacon of hope and progress.
Source: Gordon Tackie
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