By; Valentia Tetteh
A Supreme Court nominee, Justice Dennis Dominic Adjei, has clarified that Ghana’s presidential line of succession, as outlined in the 1992 Constitution, is limited strictly to the President, Vice President, and Speaker of Parliament excluding the Chief Justice.
Speaking during his vetting before Parliament’s Appointments Committee on Monday, June 16, Justice Adjei explained that this limitation is guided by a constitutional interpretation principle he described as “capping legitimacy.” The principle, he said, is meant to ensure clear and conclusive transitions in leadership.
“When we talk about the absence of the President, there is something in interpretation which we call capping legitimacy meaning that wherever you are providing events, it should end somewhere,” Justice Adjei stated.
He added that, “If you look at the intention of the lawmaker, at any point in time, one of the three President, Vice President, or Speaker must be in Ghana. You cannot extend it to the Chief Justice, because the law does not say so.”
Justice Adjei further noted that legal opinions suggesting an expanded line of succession are not binding, saying, “An obiter does not bind any court.”
He warned that broadening the interpretation to include the Chief Justice or others could lead to ambiguity in moments of national transition.
“What is the essence of providing leadership in your country, if it becomes unclear who holds power in such moments?” he queried.
