Friday, March 1, 2013

looking deeper into the nana joke

ah! pal, it's a joke!

That Nana Addo and Bawumia and their Jake's petition in court would be said to be valid and so Nana is the one who was elected as president when Ghanaians went to vote last December is a just a joke.

But what joke haven't we seen in this world manifest? Forget that the Nana's petition is nothing but foolish. Just forget even if you can't forget. I say, pal, forgettttttttt...! So I want to look at what could happen should the Supreme Court which I have no respect for decide to rule in favour of Nana.

1. Does Bawumia become the vice president?
oh yes! that's how vice presidents are made. the constitution says the running mate to the one elected as prez is deemed to be elected vice prez. That's easy right? but wait. That statement that the vice is elected alone presents a trick. Again, let me repeat, the constitution says the vice is deemed to be ELECTED. not appointed. not ordained....

So you see? the vice prez is deemed elected in his own right. Now Pal, Ghana has been near this junction of confusion before. Remember the case of JJ Rawlings being said to have given his first vice, the late Ackaah some kick or shove at a cabinet meeting? or the famous presidential fight could not result in JJ Rawlings sacking his vice. not at all. If it was a case of the prez being said by the constitution to have appointed the vice then JJ Rawlings could have easily taken advantage of that to sack Ackaah and appoint someone else. But the constitution is not a joking matter. It locked the hands of JJ and he had to bear with having his sudden enemy Ackaah firmly rooted at post as vice prez much to his dislike.

So that's a historical record to learn from. I don't see any automatic occupation for Bawumia as vice then should Nana be said by the supreme court that I don't respect to be the elected president. Current veep Amissah-Arthur could easily raise the aforementioned argument of having been elected separately and that would present another battle.

2. Does Nana become president?
Then there is the case in the constitution of what happens when a prez is removed from office. The constitution says, when a prez is removed from office, his vice shall take over as prez. Simple as that. Remove the president and his vice takes over as prez. No 'if'. No 'but'. So you can argue that 'but' in this case it is the legitimacy of the prez election that was challenged and you can even hit your head against the concrete at Akosombo to break the dam into a Noah's time flood as in the Bible and still that your 'but' would have no placement in the constitution.

So this one even makes it more tricky. It means when the prez is removed following Nana's petitions, Nana is not the one to take over. So Nana is not even assured of automatic occupation as prez in this case let alone that Bawumia would become veep. All it takes is for the current veep to first argue that he was elected in his own right to be veep per the constitution and per the same constitution he is to take over from the prez when the prez is removed from office. simple and short.

Aside all that, even the ministers appointed by the prez are as a result of a legitimate exercise of authority by the prez by the constitution. Hence the fact the prez is removed does not mean automatic removal of the ministers he appointed. To remove any of those ministers must follow action by the new president and not by the mere wish of people. So assuming all the ministers decide to stay at post even when Nana is made prez (irrespective of the above stated arguments) then Nana would have to officially sack every single one of these guys if that is what he wants. He can't wish them away. no.

So pal, I laugh when all I hear around me is that bogus 'transient' argument by npp apologists for their so called boycott of activities by the prez because they are challenging his legitimacy. The constitution of Ghana certainly is not something to toy with. These arguments I've raised have not come up for dissection in the mainstream media but I won't be surprised if we end up here come any bogus ruling that Nana is to be made prez by the supreme court that I have no respect for. But of course, I appreciate the fact that Nana is going to have a tough time having that bogus petition of his ruled to be right even by the very supreme court that I have no respect for, let alone by any institution that I have respect for.

So pal, the debate continues...

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