The New Patriotic Party’s decision to add President John Dramani Mahama
to its petition at the Supreme Court has been heavily criticized by one
of the lawyers in its fold, John Ndebugri.
According to the lawyer, the NPP’s decision to join President Mahama in
the suit is in contravention of the provisions in Article 57 of the 1992
Constitution.
In an interview with Citi News, Mr.
Ndebugre cited a number of precedence to prove the president’s immunity from any legal action while serving in office.
“Clause 5 of article 57 of the 1992 constitution gives only absolute
immunity to the President; it says that the President while he is in
office is not liable to any civil or criminal proceedings in any court.”
“In the 1969 constitution the provision was tested in the case of Salla
against Attorney General, it was held in that case that the President
cannot be sued.”
Mr.
Ndebugri said it was “the NPP that first tested this provision in the
1992 constitution, in the case of New Patriotic Party against Jerry
Rawlings [former President]...
It was decided in that case the President could not be sued
personally,” he added.
Mr.
Ndebugri also added that there was a flaw in the CI 78 which was
being used as a defense in the decision to join the President in the
suit.
“The CI 78 is inferior to an Act of Parliament which is rather inferior
to the constitution.
Where the constitution says the person cannot be sued while in office
and a subsidiary legislation says somebody who happens to be a
candidate and who is being complained against; you can’t use that to
supersede the provision of the constitution, which is the fundamental
law of the land.”
source: citifmonline
Sunday 30 December 2012
Decision to sue President Mahama won't fly - Ndebugri
