The Minority Caucus in Ghana’s Parliament has raised alarm over what it describes as a “conspicuous and alarming” violation of the Constitution following the absence of the President, Vice President, and the Speaker of Parliament from the country simultaneously without the constitutionally mandated swearing-in of an Acting President.
In a statement dated May 12 and signed by Legal Counsel to the Minority Caucus, John Darko, Esq., the group condemned the move as a blatant breach of Article 60 of the 1992 Constitution of Ghana.
The caucus insists that the absence of the top three state officials without the installation of an Acting President amounts to a “clear and egregious violation” of the law.
According to the statement, the Speaker of Parliament left the jurisdiction on May 8, 2025. The President, aware of this and also of the Vice President’s earlier travel for medical attention abroad, nonetheless departed the country without taking steps to swear in the Speaker as Acting President.
The Caucus cites the Supreme Court ruling in Asare v. Attorney General, which established that Ghana must never be left without a constitutionally designated acting head of state. In such situations, the Speaker is constitutionally mandated to act as President.
The Minority describes the conduct of the President and his advisors as “deliberate and calculated,” accusing them of treating the Constitution “as an inconvenience rather than a binding framework.” The statement further warns that this ongoing trend marked by consistent attacks on the judiciary and constitutional procedures undermines the rule of law and judicial independence in the country.
Referencing former U.S. President Barack Obama’s 2017 remarks on constitutional fidelity, the statement calls on Ghanaians to reaffirm their commitment to upholding the Constitution, warning that democracy in Ghana remains fragile and not irreversible.
“As the Minority Caucus and in our role as vigilant custodians of the Constitution, we shall continue to expose and resist such violations, we shall continue to expose and resist such violations. We will hold the President and his Vice accountable to their oath of office, which demands fidelity to the Constitution. Where necessary, we shall invoke the relevant provisions of law to ensure that constitutional breaches do not go unpunished,” they stated.
