Abeyance of the President’s Power: An Exposition of the Power of the President Outside the Territory of Ghana

Since the decision of the Supreme Court in Asare v Attorney-General, which declared that the President is “unable to perform his functions†within the meaning of article 60(11) of the 1992 Constitution whenever he is out of the jurisdiction, a pertinent constitutional issue was birthed: “Does the President possess the Executive Power in its entirety when he is outside the territory of Ghana. In other words, “Is the President competent constitutionally, to bind Ghana to any action of his, anytime he is physically absent from the shores of Ghana?†This article discusses the undulatory nature of the Executive Power, between the President and the Speaker of Parliament in the light of the two Asare v Attorney-General decisions. This discussion is preceded by an excursion into the historical antecedents of article 60(11) of the 1992 Constitution. The article analyses whether it can be said that a situation of dual presidency is created between the President and the Speaker of Parliament, in the absence of the President and the Vice President from the airspace, landspace or territorial waters of Ghana. Lastly, the focus of the article is narrowed to the capacity of the President to represent Ghana at international conferences to make or sign treaties, resolutions and declarations.