Restrain Akufo-Addo from appointing new EC chair - Fafali to Supreme Court

BY: Graphic.com.gh

A private citizen, Fafali Nyonator, has filed an interlocutory injunction praying the Supreme Court to restrain President Nana Addo Dankwa Akufo-Addo from appointing a new person to replace Mrs Charlotte Osei as chairperson of the Electoral Commission.

Following media reports that President Akufo-Addo will this week put out the name of a new candidate for the position of chair of Electoral Commission, Fafali Nyonator filed the suit praying that President Akufo-Addo would be restrained until her earlier suit was determined by the court.

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She is seeking an order of perpetual injunction restraining President Akufo Addo from appointing any person to the position of chairperson of the Electoral Commission until that position has become lawfully vacant in accordance with proper processes and procedures as by law established.

Read also: Attorney General sued over Charlotte Osei's removal

The plaintiff is seeking “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."


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Mrs Osei and her two deputies, Amadu Sulley and Georgina Opoku Amankwaa were removed on grounds of incompetence and misconduct.

A committee set up by Chief Justice Sophia Akuffo, to investigate separate complaints brought against the three recommended their removal.

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Injunction suit

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 dated 25th June 2018, 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).