By Daniel Bampoe
The Minority Caucus in Parliament has launched a scathing attack on the Presidency over what it describes as a blatant constitutional breach, following the simultaneous absence of President John Dramani Mahama, Vice President Naana Jane Opoku-Agyemang, and Speaker of Parliament Alban Bagbin from the country.
According to a statement signed by John Darko, Legal Counsel to the Minority Caucus, the President left Ghana without ensuring that the Speaker of Parliament was sworn in as Acting President, a requirement clearly stated in Article 60 of the 1992 Constitution.
The Minority argues that this oversight creates a dangerous power vacuum and is a serious affront to Ghana’s constitutional democracy.
The controversy erupted after reports confirmed that Speaker Bagbin departed Ghana on May 8, 2025, shortly after the Vice President had already left the country to seek medical treatment abroad.
Despite this, the President is said to have also traveled without invoking the constitutional procedure to ensure continuity of executive authority.
Ghana’s Constitution provides a clear line of succession when both the President and Vice President are unavailable.
In such cases, the Speaker of Parliament must be sworn in as Acting President.
This principle was affirmed in the landmark Asare v. Attorney General case, where the Supreme Court emphasized that the nation must never be left without a constitutionally designated head of state.
“This represents a clear and egregious violation of Article 60,” the Minority stated.
“It is not just unconstitutional—it is deliberate and calculated.”
The Minority accused the administration of consistently treating the Constitution as “an inconvenience rather than a binding framework,” and alleged that it is emboldened by its efforts to undermine the Judiciary.
They cited growing concerns over attacks—both direct and subtle—against the judiciary and Chief Justice Gertrude Torkornoo, actions they claim have weakened judicial oversight.
The statement lamented what it called a pattern of lawlessness by the executive, characterizing the President’s recent action as “a willful and wanton disregard for the Constitution.”
Quoting former U.S. President Barack Obama, the Minority reminded Ghanaians that a constitution’s authority lies in the people’s commitment to uphold it.
“Our Constitution is a remarkable, beautiful gift. But it’s really just a piece of parchment. It has no power on its own,” the statement read, underlining the need for unwavering constitutional fidelity.
The Minority pledged to continue their role as “vigilant custodians” of the Constitution and warned that they may pursue legal and parliamentary actions to address the breach. “Ghana is still a fragile democracy.
The progress of our democratic journey is neither guaranteed nor irreversible,” they stated.
This latest development adds to a growing list of constitutional and institutional crises facing the Mahama administration, already under scrutiny over its recent suspension of the Chief Justice, a move that drew widespread criticism from civil society and political opposition.
