A suit has been filed in the Supreme Court against the Chief Justice and the Attorney-General (A-G) in an attempt to stop any investigations against the EC Chairperson.
The plaintiff, Mr Ayamga Yakubu Akoglo, is praying the court to declare any action that has already begun or ongoing against the EC Chair as “unconstitutional, void and of no effect.’’
He argues that the issues raised in the petition (allegation of financial or procurement impropriety) calling for the removal of Ms Charlotte Osei has nothing to do with her core functions as prescribed in Article 45 of the 1992 Constitution and, therefore, do not warrant her removal per Article 146 (1) of the 1992 Constitution.
“The petition on the face of the record did not meet the constitutional requirements of incompetence to warrant the determination of a prima facie and to remove from office the Chairperson of the EC. On the face of the petition, there is no constitutional function of the EC not competently discharged by the Chairperson of the EC,’’ he said in his statement of case.
“The contents of the petition did not on the face of the records demonstrate or indicate that the Chairperson of the EC was convicted of a stated misbehaviour under the written laws of Ghana,’’ he added.
Mr Akoglo asserted that “statutory agencies such as the office of the Auditor-General, the Public Procurement Authority, the Controller and Accountant General’s Department and the Internal Audit Agency are best and well placed to deal with these complaints.’’
The plaintiff is also challenging the removal procedure of the EC Chairperson as prescribed in Article 146 of the 1992 Constitution, the same procedure used to remove Justices of the Superior Courts.
He argues that “Though linked to a Justice of Superior Court, in terms of conditions of service, the Chairperson of the EC undoubtedly is special and distinguishable on grounds of functions, political risks, and effects on political and democratic stability in the country. It is our prayer that a different procedure be adopted for the removal of the Chairperson of the EC.’’
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President Nana Addo Dankwa Akufo-Addo last two weeks referred the petition calling for the removal from office of the Electoral Commission Chairperson, Mrs Charlotte Osei, to the Chief Justice, Sophia Akuffo.
The petition was referred to the Chief Justice in accordance with the provisions of Article 146(3) of the 1992 Constitution.