Private legal practitioner and Executive Director of the Centre for Legitimacy and Rule of Law, Richard Nii Armah, has described the decision by the incarcerated former Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako—popularly known as Chairman Wontumi—to run for national office as an unlawful and wasteful venture.
He explained that specific provisions within the 1992 Constitution explicitly prevent Chairman Wontumi from contesting the position. Citing Article 55, Clause 8, he emphasized the requirement: “A political party shall not have as a founding member, a leader or a member of its executive, a person who is not qualified to be elected as a member of Parliament or to hold any other public office.”
The practical implication of this constitutional clause is to ensure that individuals occupying leadership positions within Ghanaian political parties satisfy the same legal qualifications expected of public office holders. Speaking on Rainbow Radio 87.5FM’s Nyankonton Mu Nsem, Nii Armah clarified that to serve as a founding member, key leader, or executive officer of a registered political party, an individual must be legally eligible to stand for election as a Member of Parliament. This includes being a Ghanaian citizen of at least 21 years of age and a registered voter who is not otherwise disqualified due to mental incapacity, undisclosed bankruptcy, or certain criminal convictions.
Consequently, any individual disqualified from contesting a parliamentary seat or holding public office is automatically barred from occupying key organizational and executive roles within a political party.
Nii Armah further referenced Article 94, Clause (2)(c)(iii) of the 1992 Constitution of Ghana, which outlines disqualifications for parliamentary candidates and political party officers. Under this provision, anyone convicted of high crimes, treason, offenses involving state security, fraud, dishonesty, moral turpitude, or any offense punishable by death or a prison sentence of 10 years or more cannot hold such positions.
“Even if he passes the vetting and wins the election, he will not be able to serve as Chairman because the law forbids him. So it is impossible for Chairman Wontumi to serve as National Chairman. I don’t know why the NPP wants to elect him as their national chairman,” Nii Armah stated.
He was, however, quick to point out two exceptions: if an appeal succeeds, it would expunge the prison sentence from Wontumi’s record and restore his eligibility; alternatively, an absolute presidential pardon that completely expunges the criminal record would also make him eligible.
“However, until these two scenarios succeed, he still remains unqualified to contest as National Chairman. Let me repeat that: he is not qualified to contest. Even if his bail application had succeeded pending his appeal, he would not have been able to contest,” he added.
By: Rainbowradioonline.com/Ghana
