Ghanaian files suit to stop Akufo-Addo from picking new EC Boss

By Papisdaff Abdullah.

A Ghanaian has filed an order of interim injunction at the Supreme Court seeking to restrain President Nana Addo Dankwa Akufo-Addo from appointing any person to the position of the Chairperson of the Electoral Commission of Ghana.

The President is expected to name a new person as the chairperson of the Electoral Commission after he fired Charlotte Osei for misconduct and incompetence.

The former EC boss and her two deputies were fired after a committee set up by the Chief Justice to investigate a petition against Mrs. Osei recommended her removal.

A suit filed at the Supreme Court on Wednesday by Fafali Nyanator is seeking the apex court to; “a. A declaration that the determination by Her Ladyship the Chief Justice of a prima facie case pursuant to article 146 of the Constitution for the removal from office of the Chairperson of the Electoral Commission is inconsistent with article 130 (a) of the Constitution as by the said determination Her Ladyship the Chief Justice usurped the exclusive original jurisdiction of the Supreme Court to construe and/or define the scope of application of the provisions of the Constitution, particularly articles 44 (2) and 146 thereof.

“b. A declaration that the Committee set up by Her Ladyship the Chief Justice pursuant to article 146 of the Constitution to inquire into the petition for the removal from office of the Chairperson of the Electoral Commission, exceeded its powers by construing, or defining the scope of application of, provisions of the 1992 Constitution, including articles 44 (2) and 146, and thus acted in violation of article 130 (a) of the Constitution by usurping the exclusive original jurisdiction of the Supreme Court to interpret the provisions of the Constitution;

The suit added “that in November 2017, the Her Ladyship Chief Justice (“Chief Justice”) established a prima facie case in respect of some of allegations made against Mrs. Charlotte Osei, the Chairperson of the Electoral Commission, as contained in a petition submitted to His Excellency the President of the Republic (“President”) for her removal from office as the Chairperson of the Electoral Commission.

That subsequently, the Chief Justice set up a Committee pursuant to Article 146 (4) of the 1992 Constitution to inquire into the allegations for which a prima facie case had been established.

That in the Committee’s report, the Committee recommended the removal from office of the Chairperson of the Electoral Commission, Mrs Charlotte Osei. (Annexed hereto and marked as Exhibit FN 1 are relevant extracts from the Committee’s Report).