A Writ has been filed in the Registry of the Supreme Court of Ghana seeking an order directed at former President
John Dramani Mahama to seek parliamentary approval for his engagement as a Flag Bearer of a Political Party; or in
the alternative he should be ordered to desist from his presidential ambitions.
The Writ, which was filed yesterday, is also seeking the declaration that on a true and proper interpretation of
Article 66. (1) and (2) of the 1992 Constitution, a person seeking a second presidential term must be a sitting
president.
It was filed yesterday, 12th June 2023, and has set out thirteen reliefs. It was filed by Mr. Kenneth Agyei Kuranchie,
a journalist.
The Writ has four defendants in the persons of the Attorney General, former President John Agyekum Kufuor,
former President John Dramani Mahama, and the Speaker of Parliament.
The Plaintiff is seeking eight declarations and five orders from the nation’s highest court. He is calling, among
others, for a declaration that on a true and proper interpretation of Article 66. (1) of the 1992 Constitution, the
number of years of a presidential term in Ghana is four years.
Again, he seeks a declaration that is on a true and proper interpretation 68. (2) of the 1992 Constitution, a former
The President of Ghana is a Ward of Parliament and a former President of Ghana requires parliamentary approval
before he can occupy any other office other than an Office of State.
Further, Mr. Kuranchie is seeking a declaration that on a true and proper interpretation 68. (2) of 1992
Constitution, a former President of Ghana requires parliamentary approval before he can occupy any other office
that provides emolument and that on a true and proper interpretation 68. (3) of the 1992 Constitution, the Office of
President is an office that provides emolument.
He further suggests that a true and proper interpretation of Article 68. (4), (5), (6), (7), (8), and (9), a former
President of Ghana remains in the employ of the State and that on a true and proper construction of Article 62 of the
1992 Constitution, a former President of Ghana is not qualified/eligible to seek election as President of Ghana.
Based on the above, Mr. Kuranchie is seeking an order directed at the Speaker of Parliament to invoke and
operationalize Article 68. (2) of the 1992 Constitution.
Further, he seeks an order directed at former Presidents Kufuor and Mahama to compel them to make available to
Parliament all engagements not to do with matters of the State of Ghana and an order directed at former President
John Mahama to fully disclose to parliament the terms of his engagement as a Flag Bearer of a Political Party.
In his affidavit in support of the application, the Plaintiff stated that on or about the 22nd day of February 2023, it
came to his notice, through several publications in the media and specifically the Ghana News Agency (GNA), that
a former President of Ghana, namely His Excellency Mr. John Dramani Mahama, who is the 3rd Defendant, had
announced an intention to contest to become the President of Ghana.
He stated that in pursuit of this mission, Mr. Mahama has also been receiving funds from members of the public.
He stated that having read the 1992 Constitution carefully, he has no doubt at all that these pursuits by Mr. Mahama
led to issues of serious constitutional questions requiring interpretation.
He stated that he, therefore, wrote a letter to the Parliament of Ghana through the Speaker in a letter dated Tuesday,
April 11, 2023, asking the Parliament of Ghana to invoke Article 68. (2) of the 1992 Constitution, which he believes
gives parliament oversight authority over the conduct of former Presidents.
He stated that even though he wrote this letter more than two months ago, Parliament has evinced absolutely no
interest in demonstrating its constitutional mandate.
He stated further that since then, Mr. Mahama has been elected to become the official flag bearer and a presidential
aspirant, which aspiration he believes should receive formal parliamentary approval at the least, and also raises
constitutional questions.
Mr. Kuranchie noted in the affidavit that even if the position of flag bearer is a position that cannot be classified as
an ‘official’ of a political party, its ultimate purpose is to have 3 rd Defendant elected as a President of Ghana, which
office attracts emoluments.
“That Deponent sincerely believes, after a diligent reading of the 1992 Constitution, that a former President who
seeks to further occupy an office that attracts emoluments, is required to seek parliamentary approval,” he stated.
He expressed the belief that unless the constitutional questions raised in the Writ are addressed and settled, they
have the potential to mar the progress and development of Ghana’s constitutional journey, and respectfully pleads
with the Honourable Court to effect the necessary constructions and interpretations.
On former President John Kufuor the 2nd Defendant, Mr. Kuranchie wrote that even though he has remained in
relative seclusion since leaving office in January 2009, it has become necessary that his actual legal position as falling under the authority of parliament, need to be constitutionally established in order to prevent future attempts
on the presidency by former Presidents of Ghana, as evinced by Mr. John Mahama.
