An Associate Professor of law at the University of Ghana, Kwadwo Appiagyei-Atua has proposed that coup makers must be exempted from participating in elections.

“If there’s no alternative to change of government, and it’s through coup d’état, the coup makers should not be made to take part in the elections,” he said on Saturday.

His comment follows Sunday’s coup in Guinea which saw the arrest and detention of President, Alpha Conde, and a suspension of its Constitution.

The coup, led by French legionnaire, Colonel Mahady Doumbouya who was the Commander of the Special Forces wing of that country’s Armed Forces also saw a dissolution of its Parliament by the mutineers.

Following the act, the Economic Community of West African States (ECOWAS) condemned the action and demanded the release of the president and immediate return to constitutional rule.

But speaking on JoyNews’ NewsFile, Kwadwo Appiagyei-Atua noted that “the regular condemnation, and then we go to them and talk to them, and allow them to return the government to return to constitutional rule “is also problematic,” because the coup makers are also allowed take part.

According to him, Civil Societies should rather be given an active role to play in situations like this.

He observed that although the coup has been condemned, the media communique from ECOWAS failed to recognise that “the third-termism” by Alpha Conde was equally unconstitutional.

“Because if you look at the African chatter on democracy elections and governance, it spells out five grounds for unconstitutional changes in government.

“First is where there is a coup d’état, second is where there is a mercenary act to overthrow the government, third is where there is a rebel activity, fourth is where a government loses an election and refuses to concede and leave office and fifth where there is a doctrine of the constitution to allow for an extended stay in office. And so clearly, Alpha Conde fell fowl of the fifth one,” he apprised.

He further noted that Africa has had a trend of about 28 attempts by the African States to dot their constitution to allow for extended terms.

“16 or 17 of them have succeeded even though the AU [African Union] Constitutive Act is clear on this, even though we have the Lome Declaration on unconstitutional changes of government, even though in some cases the AU have borrowed from the African Charter on democracy, elections and governance,” he pointed.

“So I don’t know why we are indirectly or directly recognizing the third termism but the moment there is a coup d’état then African leaders including the AU, ECOWAS and so on, will then begin to flex their muscles.”

Prof Appieagyei Atua also recalled that ECOWAS tried to come up with a law that will limit third termism and control or abolish it, but it failed.

“Because some heads of States like Jamen and so on tried to kick against it, and since then no effort has been made to change it,” he apprised.

He noted that the current trend is becoming “worrisome”, unlike in the 60s and 70s where unconstitutional changes in governance were mainly through coups.

“If we have this year alone, four coup d’état and all happening in West Africa, it’s a course for concern, and so there is a likelihood that it may go beyond the four by the end of the year.

“And so I think it is important that Africans respect the rules they have laid themselves in the Constitutive Act of the AU which says what should be done to Head of States or to a government that comes to power through unconstitutional means.”

He is, therefore, confident that if an action is taken now, “the illiberal democracies that are reemerging on the African continent can be curbed to ensure that people’s will and their rights to self-determination will be respected.”