Supreme Court Okays New EC Boss

The Supreme Court has dismissed the application for interlocutory injunction seeking to restrain the president from appointing a new Chairperson for the Electoral Commission (EC).

The seven-member panel of judges presided over by justice Julius Ansah stated that the court was unable to comment on the case because the substantive suit is before the court.

This in the view of the judges, is to avoid any prejudice insisting it will refrain from commenting and refused to grant the application.

It held that Article 22 of the 1992 constitution provides the remedy for such instances.

Plaintiffs Case

Ms. Nyonator, filed the application claiming the removal of former EC Chairperson, Mrs. Charlotte Osei, was unlawful.

According to her, the Chief Justices’ Committee that recommended the removal of Mrs. Osei violated the 1992 Constitution.

She, therefore, wanted the court among other reliefs to stay the hands of 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.

Application

However, in moving the application yesterday, Chris Ackumey, lawyer for the applicant, Fafali Nyonator said the overriding purpose of the application was to assist in efforts to entrench the rule of law and to seek legal remedies for what they considered as violation of the provisions of the law.

He said in the event that the application succeeds, the position of the EC Chair cannot be said to be vacant and would not be necessary to appoint any person to the office.

Mr. Ackumey argued that even when the case was pending the president had appointed Mrs. Jean Mensah for recommendation.

“In our writ, we raised issues on the constitutional infringement in the process which culminated in the Chief Justice (CJ) to the finding of a prima facie case to warrant the setting up of the Committee and its recommendation upon which the president acted…”

He stated that the issue of constitutional interpretation regarding the provisions under which a prima facie case was determined had arisen which was solely the mandate of the Supreme Court.

The lawyer said both the CJ and the committee do not have the authority to remove the Mrs. Charlotte Osei as the EC boss.

Mr. Ackumey held that the grant of the application was important in order to arrest any legal or constitutional crisis.

He noted: “to arrest the crisis, its important to consider the appropriateness of the application in the interest of Ghana, rule of law, the justice system and to prevent insult to the rule of law.”

A-G Opposes

Godfred Yeaboa Dame, the deputy Attorney-General opposing the application said the application was totally without basis.

He contended that article 2(2) of the constitution mandates the court to make decisions that will have the storage of the status quo ante.

The deputy AG stated that the court ought to weigh the competing interests and see where the balance of convenience tilts for the purpose of carrying out the functions of the EC.

He said the EC per article 45 of the constitution has a very important function to perform for the nation, not an individual adding that this could not be performed without a chairperson.

“The instant action raises no constitutional issue whatsoever…I pray for the dismissal of the application because its frivolous and without any basis.”

By: Jeffrey De-Graft Johnson