The 2024 Vice Presidential Candidate for the Convention People’s Party (CPP), Wayoe Ghanamannti Esq has petitioned the Speaker of Parliament, to investigate and initiate the removal of President John Dramani Mahama from office in the fight against galamsey.
Mr. Ghanamannti’s argument for the constitutional removal of President Mahama is based on the refusal of the President to declare a state of emergency on the threat of illegal mining (galamsey) posses to the people of Ghana and the “wilful violations of Article 69 (1) (a) and 69 (1) (b) (i) & (ii) of the 1992 Constitution.
In a letter cited by the Custodian Newspaper, Lawyer Ghanamannti believes that he is empowered under “Article 41 (a), (b), (e), (g), (h) and (k) of the Constitution on the duties of a citizen of the Republic, to bring this notice for the investigation for removal of the President”.
The Constitution of Ghana under Article 69 gives instances under which the President can be removed. This could be through the actions and inactions of the President which may be considered as ‘‘willful violation of the oath of allegiance and the presidential oath”.
Under Article 69, a citizen of Ghana could initiate the removal from office of the President, by sending a written notice to the Speaker of Parliament which shall be: (a) signed by not less than one-third of all the members of Parliament, and (b) stating that the conduct or the physical or mental capacity of the President be investigated on any of the grounds specified in clause (1) of this article. The Speaker shall then ‘immediately inform the Chief Justice and deliver the notice, copied to the President’.
To this end, Wayoe Ghanamannti has recently sent a formal notice to the Speaker of Parliament of Ghana attaching links to statements from various entities and persons on various news portals for the stance on galamsey and the need for urgent action;
“Many NDC persons who are today Ministers of State, Chief Executive Offices of Public Institutions and party communicators, as well as party foot soldiers, etc., all made critical pronouncements to mark the failure of the NPP in the galamsey fight, trumpeting the readiness of the NDC to halt galamsey immediately, when voted into power. With the advent of technology and social media, almost all these public pronouncements are available to support this assertion, and some of these are herein below”.
Even though Mr. Ghanamannti is calling for the constitutional removal of President Mahama from office, he insists that the two leading political parties in the country have both failed to act on the menace; but used it to their advantage to win political power with ‘empty talk’;
“It is a political fact that the failure of the NPP government to halt galamsey, inured massively to the political fortunes of the NDC in the 2024 General Elections, giving President Mahama a landslide victory. More importantly, it is worthy to note that the NDC, led by President Mahama seeing this massive failure on the part of the NPP government in the galamsey fight capitalised on it and made very defining political submissions and promises to halt galamsey when voted into power” Mr. Ghanamannti added.
Surprisingly that has not been the case now that they are in power. Ultimately, Mr. Ghanamannti is expecting that the President will be moved by the notice of his removal to act and to declare a state of emergency. For his interest is not solely about the removal of the President but the need to end the threat of Galamsey;
“I respectfully, hope that this constitutional process would make the President take a second look at the decision, that in the end, he is our President and the one posterity will judge, and more so, the one the Constitution under Article 69 can remove from office, and to reconsider and listen to the voice of his nation. If the President declares a state of emergency in those specific areas now, his people will be happy and this lawful process will become MOOT”.
Below are reliefs sought by Lawyer Ghanamannti
Rt. Honourable Speaker, with the above submissions in support of this notice for the constitutional investigation for the removal of the President of the Republic, I am fortified in our democratic credentials and constitutional ethos, and hereby seek the following reliefs:
The removal of His Excellency John Dramani Mahama from office as President of the Republic of Ghana, for the following;
(a) that the President’s refusal to declare a state of emergence to halt galamsey immediately, when this is the most potent presidential measure at this point, to protect the citizens of Ghana against environmental and health calamity, for the utmost well-being of the people of Ghana, is a breach of his Presidential Oath under the Second Schedule to the Constitution, to dedicate himself to the service and well-being of the people of the Republic of Ghana, in wilful violation of Article 69 (1) (a) of the 1992 Constitution.
(b) that the President’s refusal to declare a state of emergence to halt galamsey immediately, when this is the most potent presidential measure at this point but rather argues for galamsey as the livelihood for some alleged four (4) million people and also, galamsey as a source of gold for the GoldBod, in the face of the immense galamsey destruction of our national ecosystem with its attendant health calamity and existential threat, is a conduct which brings or is likely to bring the high office of President into disrepute, ridicule or contempt, in violation of Article 69 (1) (b) (i) of the 1992 Constitution.
(c) that the President’s refusal to declare a state of emergence to halt galamsey immediately, when this is the most potent presidential measure at this point, as galamsey wantonly keeps destroying our rivers, farmlands, forests, etc., which are key economic backbone for the people of Ghana, is a conduct inimical to the economy of the State, in violation of Article 69 (1) (b) (ii) of the 1992 Constitution.
(d) that the President’s refusal to declare a state of emergence to halt galamsey immediately, when this is the most potent presidential measure at this point, is aiding and granting galamseyers time to gain robust operational tendencies into becoming potential galamsey militias and rebels to pose insecurity for our nation, is a conduct inimical to the security of the State, in violation of Article 69 (1) (b) (ii) of the 1992 Constitution.
(e) that the President’s refusal to declare a state of emergence to halt galamsey immediately, when this is the most potent presidential measure at this point, and the current aspiration of the people of Ghana, and the moment to uphold the sovereignty and integrity of Ghana, is at variance with the aspiration of the people of Ghana, not upholding the sovereignty and integrity of Ghana and not preserving the Constitution of Ghana, in breach of the Preamble to the Constitution and the Oath of Allegiance under the Second Schedule to the Constitution, in wilful violation of Article 69 (1) (a) of the 1992 Constitution.
CONSEQUENTIAL RELIEFS
Rt. Honourable Speaker, in such matters, the Constitution provides nothing like consequential reliefs, as the provisions direct the course of the process. Article 69 (2) requires that the Speaker forwards the ‘notice for investigation for removal of the President‘ to the Chief Justice, copied to the President. Article 69 (4) then requires the Chief Justice and a Tribunal to determine whether or not there is a prima facie case for the removal of the President. Then in Article 69 (10) the process comes back to Parliament for a resolution whether or not to remove the President from office. Thus, it is very straightforward, it is up to the Judiciary to determine a prima facie case or not, for Parliamentary to make a resolution to conclude it.
Significantly, the consequential relief is that our President can declare a state of emergence now, and then the matter becomes MOOT and thus, nothing for the Judiciary to determine when the Chief Justice receives it, to end this constitutional process.
