For all persons cultivating the interesting idea of how the embattled Chairman Wontumi would be permitted to leave the Nsawam Prison to attend vetting at the NPP Headquarters at Asylum Down, Accra, I hate to burst your bubble but Wontumi is NOT eligible to contest any executive position of a political party in Ghana.

My position is based on the following constitutional provisions:

1. Article 14(1)(a)

2. Article 55(8)

3. Article 94(2)(c)(ii) (e)

It needs stating that even though the Constitution in Article 21 grants the freedom of movement and other civil liberties, these rights may be lawfully curtailed by the Court through the execution of a conviction and sentence or any such appropriate orders.

So the enjoyment of these rights are not absolute, especially when we pay attention to Article 1(2), our supremacy clause, which subjects all actions and omissions etc to the Constitution and anything which contravenes any provision of the Constitution shall, to the extent of the inconsistency, be null and void.

It is imperative to note the relevance of Article 55(8) to this discussion and the premise it lays. A person seeking to be a founding member of a political party or an executive must first qualify to be elected as a Member of Parliament.

This position of the Constitution leads us directly to what the eligibility criteria in Article 94 say. And for the avoidance of doubt, a person convicted and sentenced for a high crime per Article 2(4) or a period of more than 10 years according to Article 94(2)(c)(ii) (e) of the Constitution 1992 is NOT ELIGIBLE to contest a Parliamentary Seat.

Consequently, a person who does not meet the eligibility criteria in Article 94 is barred by Article 55(8) from being a founding member of a political party or contesting an executive office for the same.

It is therefore safe to say that Chairman Wontumi, who has been convicted and jailed for 20 years, is NOT eligible to contest as National Chairman of the New Patriotic Party (NPP). This is settled in the case of Ekwam v Pianim (No.2) (1996-97) SCGLR 120 259. Additionally, the NPP’s Constitution in Article 3(5)(1)(b)(ii) speaks unequivocally in agreement with the aforementioned constitutional provisions.

How will Chairman Wontumi attend the vetting for aspiring national officers of the Party, which would be held at the NPP Headquarters, Asylum Down, Accra? Will the prison officers suddenly turn a blind eye to his custodial sentence and grant him leave when such purpose is not for a medical emergency, prescribed by statute or an order of a Court of competent jurisdiction? An answer in the affirmative to any of these questions would be a total disregard for and breach of Article 14(1)(a) of the Constitution 1992.

It will be absurd, unconstitutional and illegal for anyone to attempt such a move!