Minority Slams Mahama Over ‘Deliberate’ Breach of Constitution: left Ghana without Acting President
The Minority Caucus in Parliament has launched a scathing attack on President John Dramani Mahama, accusing him of a “deliberate and egregious violation” of Ghana’s 1992 Constitution for traveling abroad while both the Vice President and Speaker of Parliament were also out of the country.
In a strongly worded statement signed by John Darko, Member of Parliament for Suame and Legal Counsel to the Minority, the Caucus condemned what they described as a “calculated” and unconstitutional act that effectively left Ghana without a legally designated Acting President.
“The constitutional provisions on presidential succession are explicit: whenever both the President and the Vice President are absent, the Speaker must be sworn in to act as President,” Darko said, referencing Article 60 of the Constitution.
The Minority further cited the landmark Supreme Court case Asare v. Attorney General, which reinforced that “no situation should exist where the nation is without a constitutionally designated acting head of state.”
According to the statement, Speaker Alban Bagbin departed Ghana on May 8, 2025, with President Mahama and Vice President Jane Naana Opoku-Agyemang fully aware of one another’s travel plans. Vice President Opoku-Agyemang is reportedly undergoing medical treatment abroad.
“While President Mahama was aware of the Speaker’s travel, as well as the Vice President’s earlier departure, he still proceeded with his own trip without ensuring the Speaker was sworn in. This is not just unconstitutional — it is deliberate,” Darko asserted.
The Caucus argued that such a move demonstrated the administration’s disregard for the rule of law and accused it of habitually treating the Constitution “as an inconvenience rather than a binding framework.”
They also accused the government of “systematically undermining the Judiciary,” and linked the absence of constitutional oversight to what they described as weakening judicial independence.
“Their continued attacks on the Judiciary and the Chief Justice, both overt and covert, have created a climate that undermines judicial independence and threatens the rule of law,” the statement added.
In a sharp rebuke, Darko warned that the administration’s failure to follow constitutional procedures has set a dangerous precedent for the country.
“This conduct leaves the nation vulnerable to future constitutional crises. It’s not only reckless — it’s dangerous.”
Quoting former U.S. President Barack Obama, the Minority reminded Ghanaians of their role in safeguarding democracy:
“Our Constitution is a remarkable, beautiful gift. But it’s just a piece of parchment. It has no power on its own. We, the people, give it power with our participation, and the choices we make.”
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