The Supreme Court of Ghana cannot tell the President of the Republic how to appoint the Chairman of the Electoral Commission, the Attorney General and Minister of Justice has argued.<\/p>\n
The argument is contained in a lengthy response from the Attorney General and Minister of Justice to Richard Sky\u2019s lawsuit over how the President\u2019s power is exercised in appointing persons to serve on the EC.<\/p>\n
\u201c\u2026the decision on who to appoint as \u2026. Chairman of the EC is essentially a political decision\u201d the Attorney General argues, adding that the Supreme Court \u201ccannot determine how the President takes that decision.\u201d<\/p>\n
[contextly_sidebar id=”OcHapcqrADfadbBgfo0LsQesu5WKqm2k”]The AG therefore wants the Supreme Court to desist from wading into what she believes is an ongoing constitutional debate. \u201cIt is not the duty of this court to descend into the arena of public discussion to resolve issues pertaining to the correctness or otherwise of various arguments\u201d, she posited,<\/p>\n
The AG further argued that \u201cSuch debates, though healthy in a constitutional democracy; the court may end up soiling its own reputation as a neutral arbiter of actual constitutional controversies\u201d.<\/p>\n
The Attorney General has thus asked the Supreme Court to \u201cdismiss\u201d the landmark suit filed by the Accra-based Journalist who wants the apex court of the land to clarify the constitutional provisions on the appointment of the head of the EC.<\/p>\n
In a swift move however, Mr. Sky\u2019s lawyer, Alex Afenyo-Markin, has filed a response on points of law, in which he argued that the Attorney General got it all wrong on her interpretation of the relevant Constitutional provisions.<\/p>\n
Mr Afenyo-Markin described the AG\u2019s stance on the matter as \u201ca rather myopic approach to the import of article 2(1) and 130 of the 1992 constitution.\u201d<\/p>\n
According to lawyer Afenyo-Markin, Article 2(1) enables any citizen to seek interpretation at the highest court of the land.<\/p>\n
He also believes that the Supreme Court has the exclusive jurisdiction to interpret all provisions of the constitution which are ambiguous. \u201cThe matter before you my lords borders on constitutional interpretation of articles 70(2), 91(3) and 91(4) of the 1992 constitution and Same is within the jurisdiction of this honorable court\u201d he prayed.<\/p>\n
He further stated that the matter before the court \u201c\u2026will not be an exercise in futility and by entertaining and determining this constitutional matter\u201d the court \u201c\u2026 will not descend into the arena of public debate but will hold true the aspirations of the Ghanaian People and the rule of law.\u201d<\/p>\n
Picking on the argument of the AG, that the council of state\u2019s advice is \u201cmerely to serve as a restraint on improper appointments by the president\u201d, Mr. Afenyo-Markin insist that the position of the Attorney General is a curious one, he queried that \u201cif indeed as conceded by the defendant, the council of state\u2019s advice is to restrain the President on improper appointment, then how can she in another breadth insist that such advice is not binding on the President?\u2019\u2019<\/p>\n
Lawyer Afenyo Markin concluded his response by stating that \u201cthe framers of the constitution did not choose the wording of the provisions of the constitution randomly. It was chosen carefully to give full meaning to its objects and purpose. Where the constitution intends to vest absolute power in the executive, a person or an institution in the performance of its functions, same has been expressly stated or provided for\u201d.<\/p>\n
The apex court of the land has however set July 14, 2015 for hearing on the matter.<\/p>\n
<\/p>\n
By: Raymond Acquah\/citifmonline.com\/Ghana<\/p>\n","protected":false},"excerpt":{"rendered":"
The Supreme Court of Ghana cannot tell the President of the Republic how to appoint the Chairman of the Electoral Commission, the Attorney General and Minister of Justice has argued. The argument is contained in a lengthy response from the Attorney General and Minister of Justice to Richard Sky\u2019s lawsuit over how the President\u2019s power […]<\/p>\n","protected":false},"author":5,"featured_media":28606,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[5],"tags":[43,38],"yoast_head":"\n