Accra: 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.
According to Ghana Web, Nii Armah highlighted specific provisions within the 1992 Constitution that explicitly prevent Chairman Wontumi from contesting the position. He cited Article 55, Clause 8, which mandates that a political party shall not have as a founding member, leader, or 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.
This constitutional clause ensures that individuals occupying leadership positions within Ghanaian political parties satisfy the same legal qualifications expected of public office holders. Nii Armah further elaborated on Rainbow Radio 87.5FM's Nyankonton Mu Nsem, explaining that to serve as a founding member, key leader, or executive officer of a registered political party, one must be legally eligible to stand for election as a Member of Parliament.
Eligibility includes being a Ghanaian citizen of at least 21 years of age and a registered voter who is not disqualified due to mental incapacity, undisclosed bankruptcy, or certain criminal convictions. Consequently, individuals disqualified from contesting a parliamentary seat or holding public office are automatically barred from occupying key organizational and executive roles within a political party.
Nii Armah 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.
He emphasized that even if Chairman Wontumi passes the vetting and wins the election, he will not be able to serve as National Chairman because the law forbids him. Nii Armah expressed confusion over the NPP's decision to elect Wontumi as their national chairman given these legal constraints.
He noted two exceptions to the rule: if an appeal succeeds, expunging the prison sentence from Wontumi's record and restoring his eligibility, or an absolute presidential pardon that completely expunges the criminal record. Until one of these scenarios occurs, Wontumi remains unqualified to contest as National Chairman. Even a successful bail application pending appeal would not allow him to contest, Nii Armah reiterated.