Following the release of the Deloitte audit report on the National Cathedral of Ghana project, a section of the public has called for the prosecution of former President Nana Addo Dankwa Akufo-Addo.
They have argued that the former president ultimately bears responsibility for the egregious infractions cited in the report, as well as the supposed financial loss the state has suffered due to the project, because he was the one who started the project as a personal promise to God.
These demands have brought up questions about the immunity of the president.
So, the question is, can former President Nana Addo Dankwa Akufo-Addo be prosecuted, or does he have immunity?
Article 57 of the 1992 Constitution of Ghana, which touches on the powers of The President of Ghana, clarifies this issue.
Section 4 of the article states that a sitting president cannot be prosecuted for acts he takes in his role as the head of government.
Without prejudice to the provisions of article 2 of this Constitution, and subject to the operation of the prerogative writs, the President shall not, while in office, be liable to proceedings in any court for the performance of his functions, or for any act done or omitted to be done, or purported to be done, or purported to have been done or purporting to be done in the performance of his functions, under this Constitution or any other law, Article 57(4) reads.
Article 57(5) adds that The President shall not, while in office as President, be personally liable to any civil or criminal proceedings in court.
The section of the article which, perhaps, deals with the current circumstance the prosecution of a former president is Section 6.
Article 57(6) states that a former president can only be prosecuted within three years of leaving office:
Civil or criminal proceedings may be instituted against a person within three years after his ceasing to be President, in respect of anything done or omitted to be done by him in his personal capacity before or during his term of office notwithstanding any period of limitation except where the proceedings had been legally barred before he assumed the office of President.
Former President Akufo-Addo has been out of office for less than eight months, which means that he can be prosecuted, if the above is to be literally interpreted.
From the provisions of the constitution, if there is any legal action that can be taken against him, the current government has less than 28 months to do so.
BAI/AE
Meanwhile, you can also watch videos from the NPP’s National Delegates Conference below:
?
Watch the latest episode of Health Focus below: