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69 REMOVAL OF PRESIDENT
(1)
The President shall be removed from office if he is found, in accordance with the provisions of this
article—
(a) to have acted in willful violation of the oath of allegiance and the presidential oath set out in the
Second Schedule to, or in willful violation of any other provision of, this Constitution; or
(b) to have conducted himself in a manner—
(i) which brings or is likely to bring the high office of President into disrepute, ridicule or contempt;
or
(ii) prejudicial or inimical to the economy or the security of the State; or
(c) to be incapable of performing the functions of his office by reason of infirmity of body or mind.
(2)
For the purposes of the removal from office of the President, a notice in writing—
(a) signed by not less than one-third of all the members of Parliament, and
(b) stating that the conduct or the physical or mental capacity of the President be investigated on
any of the grounds specified in clause (1) of this article,
shall be given to the Speaker who shall immediately inform the Chief Justice and deliver the notice to
him copied to the President.
(3)
The notice referred to in clause (2) of this article shall be accompanied by a statement in writing
setting out in detail the facts, supported by the necessary documents, on which it is claimed that the
conduct or the physical or mental capacity of the President be investigated for the purposes of his
removal from office.
(4)
Subject to clause (5) of this article, the Chief Justice shall, by constitutional instrument, immediately
convene a tribunal consisting of the Chief Justice as Chairman and the four most senior Justices of
the Supreme Court and the tribunal shall inquire, in camera, whether there is a prima facie case for
the removal of the President.
(5)
Where a notice under clause (2) of this article is delivered to the Chief Justice in respect of the
removal from of tile President, on the grounds of physical or mental incapacity Chief Justice shall, in
consultation with the professional head of the Ghana Health Services, cause a medical board to be
convened which shall consist of not less than four eminent medical specialists and the President shall
be informed accordingly.
(6)
The President shall be invited to submit himself for examination by the medical board within fourteen
days after the appointment of the board.
(7)
The President shall be entitled during the proceedings of the tribunal or of the medical board to be
heard in his defence by himself or by a lawyer or other expert or person as the case may be, of his own
choice.
(8)
The Rules of Court Committee shall, by constitutional instrument, make rules for the practice and
procedure of the tribunal or of the medical board for the removal of the President.
Ghana 1992 (rev. 1996)
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