A private legal practitioner, Martin Kpebu believes that the Chief Justice could be sworn in as president in the event that the 2020 general elections are not held due to the outbreak of the novel Coronavirus.
A number of persons including the Majority Leader, Osei Mensa Bonsu have expressed the fear of the country facing a constitutional crisis if the elections are not held this year and the tenure of the Executive and the Legislature ends on the midnight of January 6, 2021.
Expressing his legal opinion on the matter, Martin Kpebu subscribed to the Chief Justice being sworn in if the Electoral Commission fails to conduct the elections.
“In matters like this, you will have divergent opinions but the way I see it from article 57 which lists the order of precedent that from the President to the Vice President to the Speaker of Parliament and then to the Chief Justice, I subscribe to the view that, if the elections don’t come on after midnight January 6, 2021, we should swear in the Chief Justice so that he will then recall Parliament under article 113(3) so that Parliament can come and continue its work and then we have the elections,” he argued.
In responding to other opinions on his suggestion flouting separation of powers as the judiciary is a different arm of government, he argued that the same argument could be raised as well anytime the Speaker of Parliament is sworn as acting president in the absence of the President and the Vice President.
“Then we will go for the same argument during the times that the Speaker of Parliament is sworn in as acting President on certain occasions. These situation does not happen very often but I’m very optimistic that this election will come on so I see this as academic opinions,” he further espoused.
Source: Citinewsroom
