#occupyGhana What the 1992 Constitution of Ghana says about - TopicsExpress



          

#occupyGhana What the 1992 Constitution of Ghana says about removing the President, Every Single Word . Disclaimer: I do not think removing the President will solve our problem. Wed also need to Remove the Vice President, and then if we dont like the Speaker of Parliament ( seeing as hes from the same Political Party, ) well have to remove him also.. We might eventually have to trigger an entire new election before 2016, but even a New election will not bring about the changes we need. Well need to enact Fundamental Changes to the current constitution which gives the President Too Much Power, Parliament Virtually None, and does not allow Citizens to direct even the important process of Amending the Constitution! Also, to the Lawyers @Kofi Bentil, et al, What sort of proof is needed to show that the President has (b) .. conducted himself in a manner - (i) which brings or is likely to bring the high office of President into disrepute, ridicule or contempt; or (ii) prejudicial or inimical to the economy or the security of the State; ? Anyway , Read on : 1992 Constitution of the Republic of Ghana, Article 69. (1) The President shall be removed from office if he is found, in accordance with the provisions of this article - (a) to have acted in willful violation of the oath of allegiance and the presidential oath set out in the Second Schedule to, or in willful violation of any other provision of, this Constitution; or (b) to have conducted himself in a manner - (i) which brings or is likely to bring the high office of President into disrepute, ridicule or contempt; or (ii) prejudicial or inimical to the economy or the security of the State; or (c) to be incapable of performing the functions of his office by reason of infirmity of body or mind. (2) For the purposes of the removal from office of the President, a notice in writing - (a) signed by not less than one-third of all the members of Parliament, and (b) stating that the conduct or the physical or mental capacity of the President be investigated on any of the grounds specified in clause (1) of this article, shall be given to the Speaker who shall immediately inform the Chief Justice and deliver the notice to him copied to the President. (3) The notice referred to in clause (2) of this article shall be accompanied by a statement in writing setting out in detail the facts, supported by the necessary documents, on which it is claimed that the conduct or the physical or mental capacity of the President by investigated for the purposes of his removal from office. (4) Subject to clause (5) of this article, the Chief Justice shall, by constitutional instrument, immediately convene a tribunal consisting of the Chief Justice as Chairman and the four most senior Justices of the Supreme Court and the tribunal shall inquire, in camera, whether there is a prima facie case for the removal of the President. (5) Where a notice under clause (2) of this article is delivered to the Chief Justice in respect of the removal from office of the President on the grounds of physical or mental incapacity, the Chief Justice shall, in consultation with the professional head of the Ghana Health Services, causes a medical board to be convened which shall consist of not less than four eminent medical specialists and the President shall be informed accordingly. (6) The President shall be invited to submit himself for examination by the medical board within fourteen days after the appointment of the board. (7) The President shall be entitled during the proceedings of the tribunal or of the medical board to be heard in his defence by himself or by a lawyer or other expert or person as the case may be, of his own choice. (8) The Rules of Court Committee shall, by constitutional instrument, make rules for the practice and procedure of the tribunal or of the medical board for the removal of the President. (9) Where the tribunal or medical board specified in clauses (4) and (5) of this article determines that there is a prima facie case for the removal of the President or that the President is by reason of physical or mental incapacity unable to perform the functions of his office, the findings shall immediately be submitted to the Speaker of Parliament through the Chief Justice and copied to the President. (10) Parliament shall, within fourteen days after the date of the findings of the tribunal or medical board, move a resolution whether or not the President shall be removed from office. (11) The resolution for the removal from office of the President shall be by a secret ballot and shall be taken to be approved by Parliament if supported by the votes of not less that two-thirds of all the members of Parliament after prior debate. (12) The proceedings of Parliament for the removal of the President shall not be held in camera except where Parliament otherwise orders in the interest of national security. (13) The President shall cease to hold office as President on the date Parliament decides that he be removed from office. Peter Opoku , Mayjor Abena Nyarkomah Kwakyi, Abena Opokua B Opoku , Ɔdadeɛ Edward Tagoe , Ɔdadeɛ Ato Ulzen-Appiah , Philip Asare Merene Nana Amina Botsio, Adwoa N. Banful , Kofi B Bentil , Patrick Kwabena Stephenson
Posted on: Sat, 28 Jun 2014 22:28:06 +0000

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