US-based Ghanaian lawyer and Economics, Professor Kwaku Asare, has challenged the President’s power to abort the December 17 referendum bill, which is currently before parliament.
Professor has, therefore, urged the Electoral Commission to continue with the process since it wasn’t within the President’s prerogative to withdraw the bill.
“One cannot simply withdraw a bill that has been held in abeyance by a Constitutional Instrument (CI),” Prof Azar, as he is popularly known, noted.
The comment of Kwaku Azar follows President Akufo-Addo’s decision to call off the planned referendum through a TV broadcast on Sunday over what he says is “a lack of consensus”.
“So fellow Ghanaians, it is of deep regret that I have given instructions to the minister for local government and Rural development who will spearhead the process with commendable vigour and dynamism on behalf of the government to abort the process and see to the withdrawal of the bills for the amendment of the constitution both in respect of article 24 (31) and Article 52 (2),” the President announced.
“The President cannot speak to the EC through TV broadcasts. The EC cannot suspend the referendum unless CI 120(13) is annulled,” the Professor wrote in a Facebook post.
“The bill cannot be withdrawn while there is a CI based on it! To annul the CI requires the vote of 2/3 majority of MPs. Rule of law is complicated when bills, CIs, and writ of referendum are triggered in a constitutional plane. One cannot simply withdraw a bill that has been held in abeyance by a CI,” he lectured.
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