Professor Stephen Kwaku Asare, a Democracy and Development (D&D) Fellow in Public Law and Justice at CDD-Ghana, has criticised the practice of swearing in the Speaker of Parliament as Acting President whenever both the President and Vice President of Ghana travel outside the country.
He described the practice as a 'constitutional folly' and said it is not supported by the 1992 Constitution of Ghana.
According to a channel1news.com report, Prof Asare, in a strongly worded Facebook post titled 'Grounding the Kotoka Clause', argued that the ritual of transferring executive power to the Speaker during such instances stems from a misinterpretation of the 1992 Constitution by the Supreme Court in the case of Asare vs Attorney General.
He said the constitution makes a clear distinction between physical absence and actual inability to perform presidential duties.
