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Swearing of Speaker of Parliament as Acting President; Am Legally Confused

For the second time in one month the Right Hon. Speaker of Parliament will be sworn in as Acting President of the Republic per the dictates of our constitution since the President and the Vice President are unable to perform their constitutional obligations as elected leaders of our country.

Let me take this opportunity to wish our Vice President speedy recovery on his medical vacation. We want him back so that we can get us our

One Village one dam.

Swearing in the speaker is as President in the absence of the President and his vice is inline with the 1992 but there are some clauses in the constitution that I have been battling with my small legal brain over the years.

Article 95. (1)
There shall be a speaker of Parliament who shall be elected by the members of Parliament from among persons who are members of Parliament or who is qualified to be elected as members of Parliament.

(Emphasis on who is qualified to be elected as a member of Parliament)

The above is an explicit qualification of someone who is qualified to be a speaker of Parliament without talking about the age. Emphasis on without talking about the age.

So meaning anyone qualified to be a member of Parliament per the above clause can be a speaker.

Now Article 94.(1) Subject to the provision of this article, a person shall not be qualified to be a member of Parliament unles-
(a)he is a citizen of Ghana, has attained the age of twenty one years and is a registered voter.

The above per our constitution qualifies a person to be a member of Parliament who can be elected as a speaker because the been the speaker per our constitution has no age limit aside the 21years spelt out by the constitution.

Now Article 62. A person shall not be qualified for election as the President of Ghana unless-
(a)he is a citizen
(b)he has attained the age of forty years;

Per all the above it means is A Ghanaian by birth, with sound mind and at the age of 21 can be a member of Parliament and qualifies by law to be a Speaker of Parliament as well per same constitution.

So if Efo Anku Kojogah is elected the speaker of Parliament at the age of 30 per the 1992 constitution and the unfortunate wind blows the President away or he travels.

Will Efo Anku Kojogah be sworn in as President?

Because per the constitution he is the next inline to occupy the presidential seat and same constitution says before you can be President you much attain the age of 40.

This is what my small brain cannot comprehend and I need help to clear my mind comrades.

Thank you.

Efo Worlanyo TSEKPO
B/A NDC Youth Activist.

About Efo Worlanyo TSEKPO

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