The President, Nana Addo Dankwa Akufo-Addo on Friday, January 27, swore in 12 of the 13 ministers-designate who have been approved by Parliament after their vetting by the Appointments Committee.
Foreign Affairs Minister-designate, Shirley Ayorkor Botchwey could not be sworn in because she was out the country attending a meeting in Addis Ababa during the ministerial swearing-in.
The President explaining her absence stated that “Shirley Ayorkor Botwey, Minister for Foreign Affairs has already entered into her functions. She is in Addis Ababa attending a forum for foreign ministers meeting for preparations for the AU summit from the 29th-31st of January", adding that “I will swear her in in Ghana’s embassy in Addis Ababa, tomorrowâ€.
Foreign Affairs Minister-designate, Shirley Ayorkor Botchwey
This overseas swearing-in of a minister-designate, if it indeed comes off, would be a novelty but in as much as the president has the right to be creative with the law, this one seems to be flying in the face of the law.
It is a known fact that per the 1961Â Vienna Convention on Diplomatic Relations, a foreign country's embassy in a host country is considered as part of its sovereign territory and it is by this convention that Gambia's President, Adama Barrow was sworn into office at the country's embassy in Dakar, Senegal but it is a much different kettle of fish altogether as our laws do not permit that.
Indeed, Article 4 (2) of the 1992 Constitution defines the territory of Ghana without any reference to the EmbassiesThe sovereign State of Ghana is a unitary republic consisting of those territories comprised in the regions which, immediately before the coming into force of this Constitution, existed in Ghana, including the territorial sea and the
"The sovereign State of Ghana is a unitary republic consisting of those territories comprised in the regions which, immediately before the coming into force of this Constitution, existed in Ghana, including the territorial sea and the air space", it declares as Ghana's territory.
Alos, Article 59 of the 1992 Constitution directs the President to notify the Speaker of Parliament if he/she is travelling out of the country and also inform the Chief Justice in order for him/her to fulfill the requirement of Article 60(12), which requires him/her to administer the Presidential oath to either the Vice President or the Speaker of Parliament.
The Supreme Court ruling in the Asare vs Attorney General [2003-2004] SCGLR 823, interpreted this to mean that a President cannot perform his functions when he/she is out of the territorial boundaries including official assignments like United Nations or African Union summits and their likes, hence the Vice President, Speaker of Parliament or Chief Justice, whichever of them is available, must be sworn-in in the order listed, to act as President.
With the establishment of these, it would not be far-fetched for one to posit that the swearing in of a minister-designate a breach of the law.
Yes. The Embassy in the Ethiopian capital of Addis Ababa may be part of Ghana's sovereign territory due to the extraterritorial status it enjoys under the Vienna Declaration but Supreme Court's position gives President Akufo-Addo little room or no to operate as head of state outside the country so in what capacity will he be swearing in the Foreign Affairs Minister-designate in Ethiopia since his Vice President, Dr Mahammudu Bawumia, would have been sworn in to act as president by then?