The Supreme Court [today], Wednesday, dismissed an application filed by journalist Richard Dela Sky, which asked the court to interpret provisions of the 1992 Constitution on the appointment of an Electoral Commission Chair.<\/p>\n
The application was filed in May 2015, shortly before\u00a0the appointment of Madam Charlotte Osei as Chairperson of the Commission. Richard Sky filed the application together with \u00a0Kwasi Danso Acheampong.<\/p>\n
The Ghana Bar Association (GBA), was also joined to the case, after they also\u00a0questioned the President’s appointment of two justices to the Supreme Court.<\/p>\n
In their ruling on the matter, the justices of the apex court ruled that the President is not bound by the advice of the Council of State on the appointments in question.<\/p>\n
Background <\/strong><\/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 Article 91(3) of the same Constitution says, \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 There were however several calls from the Minority and other stakeholders for the President to consult widely before appointing a new Chair for the Commission.<\/p>\n In view of the divergent views that were expressed before the EC chairperson was appointed, the lawsuit was filed to define a clear path that President John Dramani Mahama, and all future Presidents, must navigate in making appointments to the Electoral Commission.<\/p>\n The writ also prayed the Honourable Justices of the highest court of the land to give judicial definition of the process for appointing a replacement for the then incumbent EC Chair, Dr. Kwadwo Afari- who was set to retire.<\/p>\n Reliefs<\/strong><\/p>\n The nature of the reliefs sought by the plaintiff were 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.<\/p>\n 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 Chairman, 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.<\/p>\n 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.<\/p>\n IV. Any other order or orders as this Honourable Court may deem fit.<\/p>\n –<\/p>\n By: Ebenezer Afanyi Dadzie\/citifmonline.com\/Ghana
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