President’s foreign travel without swearing in acting leader is illegal – Minority

The Minority in Parliament has raised concerns about President John Dramani Mahama. They claim he violated the Constitution by leaving Ghana without swearing in an Acting President.

On May 12, 2025, the Minority Caucus issued a strong statement. They called this situation a “clear and egregious violation” of Article 60 of the 1992 Constitution. This article outlines what happens when both the President and Vice President are absent.

The Speaker of Parliament left the country on May 8, 2025. The President knew this and also that his Vice President had traveled for medical care. Despite this, he left without ensuring the Chief Justice swore in the Speaker as Acting President.

The caucus cited a Supreme Court ruling from Asare v. Attorney General. It stated that Ghana must always have a constitutionally mandated head of state. When both the President and Vice President are absent, the Speaker must be sworn in as Acting President.

The Minority accused the government of treating the Constitution as an inconvenience. They said it undermines judicial independence and weakens checks and balances.

They warned that such actions could threaten democracy in Ghana. They emphasized that “Ghana is still a fragile democracy.” The progress made is not guaranteed or irreversible.

Quoting former U.S. President Barack Obama, they highlighted collective responsibility: “Our Constitution… has no power on its own.” They stressed that people give it power through participation and choices.

Read their full statement below: