{"id":117365,"date":"2015-05-19T09:42:08","date_gmt":"2015-05-19T09:42:08","guid":{"rendered":"http:\/\/4cd.e16.myftpupload.com\/?p=117365"},"modified":"2015-05-19T10:06:34","modified_gmt":"2015-05-19T10:06:34","slug":"constitution-is-clear-richard-skys-suit-wont-change-anything-lawyer","status":"publish","type":"post","link":"https:\/\/citifmonline.com\/?p=117365","title":{"rendered":"Constitution is clear, Richard Sky’s suit won’t change anything \u2013 Lawyer"},"content":{"rendered":"

Political Scientist and lawyer, Stephen Ahiawordor has said the suit contending provisions on appointment of a new Electoral Commissioner \u00a0is “needless.”<\/p>\n

His comments follow a suit filed at the Supreme Court, by broadcast journlist Richard Dela Sky who is seeking interpretations on provisions of\u00a0 the 1992 Constitution<\/a><\/strong><\/span> on the appointment of an Electoral Commissioner.<\/p>\n

Mr Sky’s decision follows months of debate by stakeholders who hold\u00a0divergent views<\/a><\/span>\u00a0<\/strong>on the provisions in the constitution on the appointment<\/a><\/strong><\/span> of the EC chair and the deputies.<\/p>\n

[contextly_sidebar id=”1EtbyLXXkfR3Voh1oUnbUVA93Y28RcjC”]According to Stephen Ahiawordor, there is no ambiguity in the constitutional provisions on the appointment of the chairman of the EC.<\/p>\n

Mr. Ahiawordor insists not only is the quest before the Supreme Court futile, but it is also misdirected adding that\u00a0“the President\u2019s duties or roles in appointing the electoral commissioner and his deputy are very clearly stated. I do not see anybody who goes to the Supreme Court would be seeking; is it the interpretation of the word advise which is clearly stated?”<\/p>\n

\u201cIf anybody is not satisfied with that provision, I believe the best thing is to proceed to the Constitutional Review Commission and ask for an amendment of that provision in the Constitution. I don\u2019t think the Supreme Court would have the power to change the words used over there or to give any other meaning to it that would compel the President to do any other thing. The President is guided by the Constitution and its provisions and I think the provisions \u00a0are too clear enough and I do not see what the Supreme Court will be doing about it\u201d he added.<\/p>\n

\"The<\/a>
The Supreme Court<\/figcaption><\/figure>\n

The current EC chair, Kwadwo Afari Gyan will retire on June 18, 2015.<\/p>\n

Article 70 (2) of the 1992 Constitution of Ghana says, \u201cThe President shall, acting on the advice of the Council of State, appoint the Chairman, Deputy Chairman, and other members of the Electoral Commission.\u201d<\/p>\n

Also, Article 91(3) of the same Constitution states, \u201cThe 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.\u201d<\/p>\n

Richard Sky is however praying the court to properly make a \u201ctrue and proper interpretation of Article 70(2) of the 1992 Constitution\u201d and \u201cthe provisions of Article 91(3).\u201d<\/p>\n

He is also seeking an interpretation of the role of the Council of State in the appointment process.<\/p>\n

Sky among his reliefs is further seeking \u201can 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.\u201d<\/p>\n

–<\/p>\n

By: Godwin Akweiteh Allotey\/citifmonline.com\/Ghana
\nFollow @AlloteyGodwin<\/a>
\n