By William
Yaw Owusu
Tuesday May
29, 2018
New Patriotic Party (NPP) Member of Parliament (MP) for
Sekondi in the Western Region, Andrew A. Mercer, has claimed that former
President John Dramani Mahama is constitutionally barred from coming back to
contest for the presidency.
The contention of the MP, who is a lawyer by
profession, is likely to trigger a further debate as to whether the former president
can contest again; but Mr. Mercer insists that the 1992 Constitution is clear
on what Mr. Mahama can do in the circumstance.
Legal
Challenges
Lawyer Mercer insisted that any such move by Mr.
Mahama could be fraught with legal challenges as the constitution is clear on
his eligibility as a former president, insisting that his interpretation of the
constitution is that the former head of state does not have a chance of
returning to the presidency.
“My understanding of Article 66 and 68 is that he’s
barred from ever contesting the presidency again, but when you raise that
conversation they are quick to say that you’re afraid of them; but these are express
words of the constitution,” he told Starr
FM in Accra last Thursday.
Term
Limit
“The man has left office as president; the
constitution doesn’t say that when you leave office after one term or two terms
you have a right to contest twice, and my interpretation of those provisions is
that, the two terms is a continuous term,” he explained, adding, “When you
leave office your benefits that are not varied until you die are there in the
constitution.
Mr Mercer said, “it’s clear under Article 68 but
they say the constitution gives him two terms. He’s done one so he’ll go and
chop all the benefits for 20 years if he so desires and come back to continue.
In this case he’s coming back after four years. For me I say he has no right to
contest.”
Facebook
Declaration
Former President Mahama, after being humiliated at
the polls on December 7, 2016, announced last week via Facebook that he was
lacing his boots to contest again; but his comeback attempt is even starting
another round of ‘serious infighting’ in the opposition National Democratic
Congress (NDC).
He had posted that he has ‘listened’ to the numerous
‘calls’ of the rank and file of the NDC and has accepted them and was ready to
lead the party into another election in 2020.
Internal
Opposition
Other NDC chieftains who have declared their
intention to challenge Mr. Mahama are second deputy speaker of parliament,
Alban Bagbin; former NHIS boss, Sylvester Mensah; former Trade and Industry
Minister, Ekwow Spio-Garbrah; former UPSA Rector, Joshua Alabi and Kweku
Rickett Hagan, former Central Regional minister.
Although he is the main contender to beat in the
yet-to-be organized NDC primary to select a flag bearer for the 2020
presidential election, some of Mr. Mahama’s opponents within his own party are
having issues with him over the declaration.
Mr Alabi for instance, has
said among other things, that it would be too dangerous for the NDC delegates
to give Mr. Mahama the nod for 2020 because in his view, he (Mahama) is
scandal-prone and has corruption tag on him.
More Fire
Former Consul to Dubai, Daniel Osei, who has become
a thorn in the flesh of Mr. Mahama, says it will be a disaster for the NDC to
allow the former president to lead the party again as its flag bearer for the
2020 election.
Nii Amasah Namoale, former NDC MP, La Dadekotopon,
insists that the opposition party cannot win the 2020 election with Mr Mahama
as its standard bearer.
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