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SUPREME COURT THROWS OUT EC BOSS PETITIONERS

General News

The Supreme Court yesterday dismissed an interlocutory application that sought to stop President Akufo-Addo from appointing a new Chairperson for the Electoral Commission (EC).

The Supreme Court yesterday dismissed an interlocutory application that sought to stop President Akufo-Addo from appointing a new Chairperson for the Electoral Commission (EC).

 

A seven-member panel of the Supreme Court presided over by Justice Julius Ansah unanimously dismissed the interlocutory application, explaining that the application was not necessary because the court had the power to nullify the appointment of Mrs. Jean Mensa if the substantive case succeeds.

Such powers, according to the court, was grounded in Article 2 clause 2 of the 1992 Constitution.

The applicant, Fafali Nyonator, filed the application after marching to the court with a case that the removal of former EC Chairperson, Mrs Charlotte Osei, was unlawful.

According to her, the Chief Justice committee that recommended the removal of Mrs Osei violated the 1992 Constitution.

She, therefore, wanted the court to halt the President from appointing a new EC Chair until the final determination of the substantive case.

The applicant particularly wanted the court to stop the President from going ahead with the process that would confirm the appointment of Mrs Jean Mensa as the new EC Chair.

But in a ruling yesterday, a seven-member panel of the Supreme Court unanimously dismissed the interlocutory application.

The applicant, Fafali Nyonator, filed the application after heading to the court with claiming that the removal of former EC Chairperson, Mrs. Charlotte Osei, from office was unlawful.

According to her, the Chief Justice committee that recommended the removal of Mrs Osei violated the 1992 Constitution.

The seven-member was presided over by Mr Justice Julius Ansah, with Mr. Jones Doste, Mr Justice Anin Yeboah, Mr Justice Paul Baffoe-Bonnie, Mr. Justice Sule Gbadegbe, Mrs. Justice Vida Akoto Bamfo and Mr Justice Yaw Appau, as the other members.

                                                   Jean’s appointment

It can be recalled that a press statement, signed and issued by the Chief of Staff, Akosua Frema Osei-Opare on Monday July 23 mentioned Mr. Samuel Tettey, the Director of Elections at the Electoral Commission and Dr. Eric Asare Bossman, head of political science department of the University of Ghana as the two who are being considered for appointment as deputy chairpersons.

The fourth person who is being considered for appointment as a Member of the Commission is Ms. Adwoa Asuama Abrefa, a corporate legal practitioner.

 

The statement by the Chief of Staff said President Akufo-Addo in a letter dated, Thursday, July 19, 2018, sought the advice of the Council of State, in accordance with Article 70(2) of the Constitution.

                                                      NDC’S ‘beef’

General Secretary for the opposition National Democratic Congress (NDC), Johnson Asiedu Nketia, had argued that newly appointed EC boss does not qualify to head the Electoral Commission (EC).

Mr Nketia in a radio interview on July 24, the appointment of Jean Mensah is a mere strategy to spite the NDC in the face and that they (NDC) will release a full statement to express its displeasure with all the appointments.

“Nana Addo has intentionally appointed our enemy as EC boss, he wants to get the NDC angry. We the NDC publicly declared that we do not want to have anything to do with the IEA and Jean Mensah as a person and you still appoint her as EC chairperson, it’s a mere strategy to spite us," he said.

Asiedu Nketia mentioned that the President has failed because he promised to consult with stakeholders to appoint a neutral person to head the EC.