A lawyer and Economics professor is challenging the President’s power to abort the December 17 referendum.
According to Prof. Kwaku Asare, “One cannot simply withdraw a bill that has been held in abeyance by a Constitutional Instrument (CI).”
He wrote in a Facebook post that “the President can not speak to the EC through TV broadcasts. The EC cannot suspend the referendum unless CI 120(13) is annulled. The bill cannot be withdrawn while there is a CI based on it!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.”
Kwaku Azar, as he is known took to the social media platform to share his views minutes after President Nana Akufo-Addo announced abortion of the amendment process of Article 55/3 in a television broadcast.
The President cited the need for national consensus before moving forward.
He said he has directed the Minister for Local Government to withdraw Article 243/1 as well.
Parliament’s amendment of Article 243/1 was to take away the power of the President to appoint MMDCEs and make the position an elected one while the Referendum sought to repeal Article 55/3 which barred political parties from local government elections.
President Akufo-Addo said the matter would be brought back for consideration if consensus was reached during his tenure.
However, Prof. Asare wants the Electoral Commission to go ahead with the referendum.