Supreme Court nominee Justice Senyo Dzamefe stirred up a heated constitutional debate during his vetting by Parliament’s Appointments Committee on Monday, June 16.
His remarks focused on the interpretation of presidential succession in instances where the President is temporarily outside the country.
The 1992 Constitution clearly states that the Vice President must act as President if the President is absent, ill, or otherwise unable to perform his duties. In the absence of both, the Speaker of Parliament is next in line. In each case, the acting official must be sworn in.
However, Justice Dzamefe questioned the practicality of strictly enforcing this requirement during short-term absences. “If the President is away for just a day and remains in communication with his team, I don’t see the need for an oath ceremony just because he’s outside the country for 24 hours,” he said. “Technology allows people to work remotely, even from outside Ghana.”
This view triggered a challenge from the Vice Chairman of the Appointments Committee, Alexander Afenyo-Markin, who pointed out that Dzamefe had earlier insisted that “the law is the law” in reference to other judicial matters. Dzamefe responded, “Mr. Chairman, what I shared was just my opinion—it may not necessarily reflect the law.”
Afenyo-Markin replied pointedly, “My Lord, it is your opinion that becomes the law. At the Supreme Court, you shape policy.”
Justice Dzamefe acknowledged that the issue presents a constitutional gap, or lacuna, which he believes the Supreme Court should help clarify.
“There should never be a vacuum. If the President, Vice President, and Speaker are all unavailable, the Constitution should clearly state who comes next,” he said. When asked who should step in if the Speaker is also absent, he suggested, “In my opinion, the next should be the Chief Justice.”
His remarks have since ignited public and legal discourse on how best to address such ambiguities in Ghana’s constitutional framework.
