A Ghanaian citizen, Richard Dela Sky has filed a writ at the Supreme Court asking the court to interpret provisions of the 1992 Constitution on the appointment of an Electoral Commissioner.
[contextly_sidebar id=”sWJATQFDNffKrUEHhHQSE8DUGAIkSU68″]Article 70 (2) of the 1992 Constitution of Ghana says, “The President shall, acting on the advice of the Council of State, appoint the Chairman, Deputy Chairman, and other members of the Electoral Commission.”
Article 91(3) of the same Constitution says, “The Council of State may, upon request or on its own initiative, consider and make recommendations on any matter being considered or dealt with by the President, a Minister of State, Parliament or any other authority established by this constitution except that the President, Minister of State, Parliament or other authority shall not be required to act in accordance with any recommendation made by the Council of State under this clause.”
There have however been several calls from the Minority and other stakeholders for the President to consult widely before appointing a new Chairman for the Commission.
Minority Leader, Osei Kyei Mensah Bonsu, earlier warned that his side in Parliament will resist any attempt by the President to foist his crony on Ghanaians as Chairman of the EC.
In view of the divergent views that have so far been expressed ahead of the much expected Presidential announcement of the next Chairman for the Commission, the lawsuit has been filed to define a clear path that President John Daramani Mahama, and all future Presidents, must navigate in making appointments to the Electoral Commission
The writ will also pray the Honorable Justices of the highest court of the land to give judicial definition of the process for appointing a replacement for incumbent EC Chief, Dr Kwadwo Afari- Gyan, who is set to retire on June 18 this year.
Reliefs
The natures of the reliefs sought by the plaintiff are as follows;
I.A declaration that upon true and proper interpretation of Article 70(2) of the 1992 Constitution, the provisions of Article 91(3) of the 1992 Constitution have no bearing and inapplicable to the special role of the Council of State in the appointment to the special role of the Council of State in the appointment of the Chiarman of the Electoral Commission, his Deputies and other Commissioners.
II. A declaration that upon true and proper interpretation of Article 70(2) of the 1992 Constitution together with Article 91 (4) of the 1992 Constitution,it is the Council of State that has the Constitutional mandate to initiate the process of appointment of the Chiarman, the Deputies and other Commissioners of the Electoral Commission; And such advice on a suitable candidates(s) to be appointed constitutionally is binding on the President.
III. An order directing the exact procedures to be followed by the Council of State either suo motto or by prompting by the President in such appointments in the light of Article 70(2) of the 1992 Constitution.
IV. Any other order or orders as this Honourable Court may seem meet.
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By: Marian Efe Ansah/citifmonline.com/Ghana
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