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Suit On Mahama’s Validity For President Filed At Supreme Court

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has sued over former President John Dramani Mahama’s validity to contest in the 2024 general elections.

Mr. Kenneth Agyei Kuranchie stated that prior to his court action over the validity of Former President John Dramani Mahama to contest in the 2024 general elections, he had petitioned Parliament on the same matter.

However, he said, his petition was ignored hence his decision to go to court.

The reliefs he is seeking include, “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.

“A declaration that upon 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.

“An order directed at [John Mahama] to fully disclose to Parliament the terms of his engagements with Parliament as flagbearer of a political party.”

 

 

Former President, John Dramani Mahama has been sued by a Ghanaian citizen over his bid to vie for a second presidential term on the ticket of the National Democratic Congress (NDC).

In the suit filed by the Plaintiff;  the Managing Editor of the Daily Searchlight Kenneth Agyei Kuranchie, he wants the Supreme Court to disqualify the former president from contesting as a flagbearer of a political party or the presidency in the future.

According to him, the constitution through Article 66 (1) of the 1992 Constitution indicates that a person seeking a second presidential term must be a sitting president and in the case of former President Mahama, he is only seeking to recontest after being out of office for about 8 years.

He also noted that per the provision in the constitution, a former president seeking re-election must seek parliamentary approval before going on with his ambitions.

The Plaintiff in the suit also indicated a number of things he wants as reliefs:
He wants the court to order the former president to fully disclose to parliament, the terms of his engagement as a flagbearer of the NDC.

Mr. Agyei Kuranchie is also seeking that the Supreme Court directs the Speaker of Parliament to invoke and operationationalise Article 68 (2) of the 1992 Constitution which indicates that

[The President shall not, on leaving office as President, hold any office of profit or emolument, except with the permission of Parliament, in any establishment, either directly or indirectly, other than that of the State].

The Plaintiff is also seeking for the court to order Former President, John Agyekum Kufuor and Former President John Dramani Mahama to make available to parliament, all engagaments not to do with the matters of the State of Ghana.

He also wants the court to order Mr. mahama to seek parliamentary approval for his engagement as a Flagbearer of the NDC or in the alternative, desist from his presidential ambitions.

Meanwhile, Article 66 (1) of the 1992 Constitution says;

(1) A person elected as President shall, subject to clause (3) of this article, hold office for a term of four years beginning from the date on which he is sworn in as President.

Article 68 (2) of the 1992 Constitution says;

(2) The President shall not, on leaving office as President, hold any office of profit or emolument, except with the permission of Parliament, in any establishment, either directly or indirectly, other than that of the State.

 

His action comes just 18 months to the next general elections on December 7, 2024.

Asked whether he considered the timing of the lawsuit while speaking on the Sunrise show on 3FM with Johnnie Hughes, Tuesday, June 13, Mr Kuranchie said “Ahead of the 2020 elections I raised this but unfortunately beyond writing articles and publishing them I did not pick any action.

“Ahead of this one, I published several articles, and I then proceeded to go to Parliament, I sent a petition to Parliament around early April hoping that they will take up the authority given to them by the constitution to bring them under their authority but I was ignored.”

 

Mr Mahama was recently elected flagbearer of the NDC for the 2024 general elections.

During the NDC’s primaries held on Saturday, May 13, 2023, he swept 297,603 (98.9%) of the total valid votes to become the party’s Presidential Candidate for the 4th time.

 

Attached are details of the suit

 

 

 

 

 

Read the full writ below:

https://drive.google.com/file/d/1HfhSnNe9TvCBXWAZK6Ib-ZbLt7Yxcn9Y/preview

 

 

 

 

 

 

 

 

 

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