A lawyer and governance expert, Dr Eric Oduro Osae, has said his reading of the law makes it clear to him that ex-Presidents John Mahama, John Kufuor and John Rawlings can all contest for the high office of the land.
Dr Oduro Osae says the six months administration led by Mr Mahama prior to contesting in the 2012 general elections was not part of his term but rather a continuation of Late President John Mills’ term.
His comments come on the back of moves by the Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, to block former President John Mahama from seeking another term in office.
Mr Mahama lost 2016 elections to Nana Addo Dankwa Akufo-Addo but is taking steps to recapture power in 2020.
Mr Antwi-Boasiako, who popularly known as 'Chairman Wontumi', said on Adom FM’s current affairs show, Burning Issues on Monday, December 10 that “John Mahama has already served two terms in office per the 1992 Constitution and serving another term in office will make it his third which contravenes the law.”
But commenting on the issue on the same show, Dr Oduro Osae explained that ex-President Mahama can run for two other terms according to the Constitution, adding that even former Presidents Rawlings and Kufuor can also run for President because since they left office, two terms of Presidency have elapsed.
Dr Oduro Osae, who is also the Dean of Studies and Research at the Institute of Local Government Studies (ILGS), further explained that a break in the two terms renders the earlier term obsolete giving the former Presidents the opportunity to restart the two terms all over.
“If today we vote and he [Mr Mahama] wins and he comes, he can spend the four years and come for reelection for another term because there was a break in the term and that’s what we have to take a critical look at in our Constitution.
“And it is not in the Constitution that after serving two terms, you cannot contest again so people were suggesting for interpretation from the Supreme Court if former Presidents Kufuor and Rawlings can come back to contest. [This is] because the Constitution says you cannot go for more than two terms but [it] does not debar a President who has served his two terms of office from contesting in any future date,” he averred.
Chairman Wontumi, however, insists he will subsequently petition Parliament and the Electoral Commission to urge them to prevent Mr Mahama from seeking another term in office and also proceed to the Supreme Court for interpretation of that section of the law.
Source: Felix Anim-Appau | Adom News
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I think the Dr was saying his own views and not what the constitution says.... Two terms does not necessary means only if a President is voted into power. Serving a term could be continuing an elected President term of office if that president dies or design's. Once you agreed to continue an elected president terms...even for a day means you've already served a term in office. We should avoid rough elimination and rule and later say's that was someone's term that you served for him/her. The Dr must come back again.
Why have you guys been responding to some illiterate somewhere who can't even speak English let alone what the 1992 constitutional provision means ? Wontumi shouldn't have been in the fore front of this argument... The person leading this argument alone defeats the substance of the argument itself.. What does he know? Ghanaians won't obviously tolerate this Nana Addo Bawumia mismanaged style of governing in 2020 so they should deal with the fact
The good doctor is expressing his view as he understands the constitution,but I think he is wrong. When one serves 2 terms of 8 years he cannot run for the office again What that means is that you cannot serve 8 years go and sit at home for some time and come back to contest. As for Maham it is not whether he qualifies or not. It is what his conscience would be telling him when he is alone that matters. Did he serve the country to the best of his ability? Did he take what does not belong to him thus impoverishing other Ghanaians. I guess this man killed his conscience a long time ago.
I was listening to wontumi yesterday and he was seriously quoting the constitution article 66. I don't know which illiterate lawyer thought him all those nun sense. He even went ahead to say he knows more than dr oduro osae. I think nana addo or someone sensible in npp should rein him in, because the tangent he is going by insulting intellectuals it may end up infuriating the academia who are basically the floating voters who normally are the king makers. If he doesn't stop insulting the likes of dr osae, npp may end up in opposition so fast. I just don't understand why npp should elect such a dumb person as chairman in no less a place than ashanti region which happens to be their stronghold. Does he think John mahama would just get up and say he was as coming back if he didn't have consultations with the likes of tsatsu tsikata and tony lithur? He has been former president before, for crying loud.
Are you sure this man is a doctor?
HOW DID THIS MAN ERIC OSAE COME TO THIS CONCLUSION? FROM HIS PERSONAL PERSPECTIVE OR FROM AN ACCOUNT BASED ON LAW AND THE CONSTITUTION? ALL THEY KNOW IS TO SPEW CABBAGE AS RECEIPT FOR CONFUSION AND VIOLENT.MR.RAWLINGS KUFFOUR AND MAHAMA CAN NEVER STAND AGAIN FOR A 1000 YEARS PERIOD.
NPP HAS A BANCH OF CONFUSED ILL-INFORMED PEOPLE THEY AND ONLY THEMSELVES CALL INTELLECTUALS. ALL THAT THEY KNOW BEST IS TO INSULT OTHERS BUT CAN MAKE NO MEANINGFUL CONTRIBUTIONS TO ANY DISCOURSE. WE THINK THE COUNTRY BELONGS TO NPP AND FOR THAT MATTER YOU TRY TO TURN THINGS AROUND TO ENTRENCH YOUR POSITION IN POWER BY USING FOUL MEANS? I SOLEMNLY DECLARE TO YOU THAT WE WILL NOT SIT THERE UNCONCERNED FOR ANY R*OT TO TAKE PLACE IN GHANA. GET YOURSELVES PREPARED FOR WHATEVER CHALLENGES AHEAD,BUT IT WILL NOT HAPPEN HERE IN GHANA. THE BELLS ARE RINGING LOUD AND CLEAR
Mr. Dr. Osae, is that what you teach your students? It is not surprising we have a lot of confusion in this country. This Dr. is talking from his stomach supported by his emotions.
THIS IS OUR BIGGEST PROBLEM AS A NATION, PEOPLE GO TO SCHOOL AND WHEN CONFRONTED WITH ISSUES OF NATIONAL INTEREST THEY TURN TO BE BECOME ILLITRATE. HOW COULD A WHOLE DR, BE SPEWING SUCH GABBAGE? THAT WHAT MAHAMA, RAWLINGS AND KUFFOUR CAN RE-CONTEST FOR NATIONAL ELECTION WHEN THE CONSTITUTION SAYS ONLY 2-TERMS.MAHAMA CAN CONTEST NOBODY IN GHANA CARES BUT SHOULD PREPARE FOR THAT SHOCK OF HIS LIFE.TELL MAHAMA TO ALWAYS THIS PHRASE'' NDC IN A COMFORTABLE LEAD''.
what about the part of the constitution that says former presidents can't hold any public office?....unless written to parliament....esp to work with private organization.