Speaker sued by US based lawyer


A US based Ghanaian Professor Kweku Asare has carried out threat to sue the Speaker for refusing to be sworn into office as president in the absence of the president and his vice.

Prof Asare, is asking the Supreme Court to order the Speaker to stop violating Article 60 (11) and (12)  of the 1992 Constitution.

The country was thrown into legal controversy when the Speaker Edward Doe-Adjaho, while admitting to act as president, refused on two occasions to subscribe to the presidential oath of office.

The President John Mahama had left for Burkina Faso and Nigeria, with his Vice, Paa Kwesi Amissah Arthur on an official visit in India.

The Speaker said because he had taken the oath on September 2013, there was no need in taking another oath.

That provoked a huge controversy with some lawyers accusing the Speaker of violating the constitution. The GBA Nene Amegatcher rose to the defense of the Speaker citing  Section 3 of the Oaths Act 1972 which made the case against an unnecessary repetition of oaths.

But Prof Asare is not impressed. He told the Chief Justice in a letter copied to the President, MPs and the Council of State, the conduct of the Speaker exposed him to possible impeachment process.

He demanded explannation from the CJ but has proceeded to the Supreme Court seeking 13 reliefs.

The reliefs Myjoyonline.com can confirm includes:
“A Declaration that the Speaker of Parliament’s refusal to take and subscribe the oath set out in relation to the office of the President on November 7, 2014 when the President and Vice President were both unable to perform the functions of the President violated Article 60(11) of the 1992 Constitution.

“A Declaration that the Speaker of Parliament’s refusal to take and subscribe the oath set out in relation to the office of the President on November 7, 2014 when the President and Vice President were both unable to perform the functions of the President violated Article 60(12) of the 1992 Constitution.

“A Declaration that the Speaker of Parliament’s refusal to take and subscribe the oath set out in relation to the office of the President on November 7, 2014 when the President and Vice President were both unable to perform the functions of the President violated the Speaker’s Oath as set forth in the Second Schedule of the 1992 Constitution which requires him to uphold, preserve, protect and defend the Constitution of Ghana.

“A declaration that the Speaker of Parliament’s refusal to take and subscribe the oath set out in relation to the office of the President on November 7, 2014 when the President and Vice President were both unable to perform the functions of the President violated this Court’s order in Asare v. Attorney General [2003-4] SCGLR 823 which obligates the Speaker to perform the functions of the President where both the President and Vice-President are absent from Ghana.”

The suit was filed on Friday.

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