The NDC General Secretary noted that
the first democratic principle contained in the 1992 constitution is the
requirement that things are done according to the rule of law “so it sounds very
strange for anybody to accuse a political party which is running its affairs
according to the rule of law of being undemocratic. The party’s constitution is
very consistent with the national constitution,” he said.
According to him, no one has ever contested the party’s constitution as being in contravention with the 1992 Constitution for over the past 20 years.
Asiedu-Nketia quoted, Article 26 (1) of the NDC Constitution which states; “The President of the Republic who is a member of the party is the leader of the party when it is in government,” adding it was not the National Executive Committee of the NDC that made John Mahama the leader of the party.
He explained that the President was sworn in first as the President of the Republic and by operation of Article 26 (1), he became the leader of the party.
Touching on Martin Amidu’s reference to a breach in Section 2 of Article 26, which states, “Where the President of the Republic is not elected a flag bearer, a person elected as flag bearer of the party at any time prior to the election is the leader of the party,” Asiedu-Nketia said it was not applicable in this instance.
He explained that, it was only applicable if the party was going into Presidential primaries ahead of an election and another candidate, different from the sitting President won the primaries. That person, he said, would then become the leader of the party.
The 1992 Constitution, he said, makes provision for unusual circumstances where when a President dies, the Vice President is sworn in as President. The same he said applies to the NDC constitution which is why the party endorsed President Mahama as flagbearer.
He said considering the fact that the country is not supposed to hold national elections to elect a new President after the death of a sitting President, the NDC could not be expected to elect a new leader because the sitting leader is dead.
Asiedu-Nketia emphasized that per Article 44 of the party’s constitution, “The flagbearer will be elected when the party is in power at least 12 months before the general election. When the party is not in power, it will be elected 24 before the general elections. We have five months to the general elections so that clause is closed.”
Chris Akumey, a member of NDC’s legal team also speaking on the matter said per the party’s constitution, President Mahama is the leader of the party. He noted that if his declaration as flagbearer had come before his swearing in, then Martin Amidu would have had a case.
According to him, no one has ever contested the party’s constitution as being in contravention with the 1992 Constitution for over the past 20 years.
Asiedu-Nketia quoted, Article 26 (1) of the NDC Constitution which states; “The President of the Republic who is a member of the party is the leader of the party when it is in government,” adding it was not the National Executive Committee of the NDC that made John Mahama the leader of the party.
He explained that the President was sworn in first as the President of the Republic and by operation of Article 26 (1), he became the leader of the party.
Touching on Martin Amidu’s reference to a breach in Section 2 of Article 26, which states, “Where the President of the Republic is not elected a flag bearer, a person elected as flag bearer of the party at any time prior to the election is the leader of the party,” Asiedu-Nketia said it was not applicable in this instance.
He explained that, it was only applicable if the party was going into Presidential primaries ahead of an election and another candidate, different from the sitting President won the primaries. That person, he said, would then become the leader of the party.
The 1992 Constitution, he said, makes provision for unusual circumstances where when a President dies, the Vice President is sworn in as President. The same he said applies to the NDC constitution which is why the party endorsed President Mahama as flagbearer.
He said considering the fact that the country is not supposed to hold national elections to elect a new President after the death of a sitting President, the NDC could not be expected to elect a new leader because the sitting leader is dead.
Asiedu-Nketia emphasized that per Article 44 of the party’s constitution, “The flagbearer will be elected when the party is in power at least 12 months before the general election. When the party is not in power, it will be elected 24 before the general elections. We have five months to the general elections so that clause is closed.”
Chris Akumey, a member of NDC’s legal team also speaking on the matter said per the party’s constitution, President Mahama is the leader of the party. He noted that if his declaration as flagbearer had come before his swearing in, then Martin Amidu would have had a case.
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