A member of the NDC legal team, Abraham Amaliba, has described as wrong the interpretation by former Attorney General, Martin Amidu, that the elevation of President John Dramani Mahama to the position of the leader of the ruling party is a violation of its constitution.
According to Mr. Amaliba, contrary to Mr. Amidu�s interpretation, the decision taking by the National Executive Committee (NEC) is not in violation of any law indicated in the party�s constitution.
The NDC last month announced at a NEC meeting that it had settled on President Mahama as its leader pending a confirmation by congress on August 31 - a decision which has been challenged by the former Attorney General, Amidu.
Mr. Amidu in a press statement therefore raised constitutional issues over the NEC�s decision to make President Mahama the party�s candidate without opening up the contest.
He indicated that the decision is a breach of the party and the country�s constitutions and will cause dissatisfaction among members.
But speaking on Citi FM�s news and current affairs programme, The Big Issue, Mr. Amaliba opined that �I do not begrudge Mr. Amidu on this matter, but his argument that it was wrong to elevate his Excellency President John Mahama to the position of leader of the party as having violated the NDC constitution for me is a wrong interpretation of our constitution.�
He further explained that �if you look at clause one of Article 26, it says that the President of the Republic who is a member of the party is a leader of the party when it is in government so this settles it and so one doesn�t need to go to clause 2.�
On his part, legal practitioner and Editor of the Ghanaian Observer newspaper Egbert Faible said a more careful scrutiny of Mr. Amidu�s calls is imperative ahead of the NDC congress on August 31.
He said: �I am inclined to agree with Mr. Amidu. If he were to go to court today, all that he will be seeking will be a declaration that the appointment of President Mahama as leader of the NDC is unconstitutional. So we need to look at why he is saying so.�
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