Accra: Justice Senyo Dzamefe, a nominee to the Supreme Court, has acknowledged the existence of a constitutional gap when the President, Vice President, and Speaker of Parliament are all outside Ghana for international duties. He pointed out the absence of a constitutional requirement for the Chief Justice to be sworn in as acting President under such circumstances.
According to Ghana News Agency, Justice Dzamefe made these remarks during his vetting by the Appointments Committee of Parliament. He described a lacuna as a specific area where no law exists, yet there is a consensus that such a law should be in place to address the issue. This situation became apparent in May when President John Mahama, Vice President Professor Naana Opoku-Agyemang, and Speaker Alban Kingsford Sumana Bagbin were all out of the country simultaneously, prompting the Minority Caucus in Parliament to accuse the Mahama administration of violating Article 60 of the 1992 Constitution.
The Minority Caucus argued that this situation was a clear violation, stating that the Constitution mandates the Speaker to be sworn in as acting President when both the President and Vice President are abroad. They referenced the Supreme Court ruling in Asare v. Attorney General, which confirmed that Ghana should never be left without a constitutionally mandated leader.
Justice Dzamefe also shared his views on other constitutional and national matters. He emphasized the need for Ghana to adopt digital technology, including virtual court hearings, to expedite legal proceedings. He advocated for adequate resources and motivation for judicial staff and suggested timelines for court cases, proposing three months for criminal cases and six months for civil cases.
Furthermore, Justice Dzamefe expressed his commitment to upholding Ghana's constitutional provision on presidential term limits, specifically Article 66(2), which restricts any individual from serving more than two terms as President.
Earlier this year, President John Mahama nominated seven justices from the Court of Appeals to the Supreme Court, including Justice Senyo Dzamefe. This nomination process is conducted under Article 144(2) of the 1992 Constitution, requiring the President to consult with the Council of State and obtain parliamentary approval for Supreme Court appointments.
