AG dragged to Supreme Court over removal of EC Boss

A private citizen has dragged the Attorney General, Gloria Akuffo, to the Supreme Court over the removal of the Chairperson of the Electoral Commission (EC), Charlotte Osei, from office.

Fafali Nyonator wants the apex court to declare that the Chief Justice, Sophia Akuffo, breached the Constitution and exceeded the limits of her powers by defining the scope of a committee of enquiry that probed a petition for the removal of Mrs. Osei.

The plaintiff also wants an order of perpetual injunction restraining President Addo Dankwa Akufo-Addo from appointing Mr Osei’s replacement until that position has become lawfully vacant “in accordance with proper processes as by law established.”

The EC Chairperson, Charlotte Osei and her two deputies, Amadu Sulley and Georgina Amankwah, were removed from office following findings of a Committee set up by the Chief Justice to probe petitions of corruption and abuse of office.

The former EC Chair, among other things, was found culpable of breaching procurement laws in the award of a contract to Dream Oval and engaging the legal services of law firm.

The five reliefs being sought by Nyonator are published below.

1. A declaration that the determination by Her Ladyship the Chief Justice of a prima facie case pursuant to Article 146 of the Constitution for the removal of the Chairperson of the Electoral Commission is inconsistent with Article 130(a) of the Constitution as by the said determination Her Ladyship the Chief Justice usurped the original jurisdiction of the Supreme Court to construe and/or define the scope of application of the provisions of the Constitution, particularly Articles 44(2) and 146 thereof.

2. A declaration that the Committee set up by Her Ladyship the Chief Justice pursuant to Article 146 of the Constitution to inquire into the petition for the removal from office of the Chairperson of the Electoral Commission, exceeded its powers by construing, or defining the scope of application of, provisions of the 1992 Constitution, including Articles 44(2) and 146, and thus acted in violation of Article 130(a) of the Constitution by usurping the exclusive original jurisdiction of the Supreme Court to interpret the provisions of the Constitution.

3. An order of this Honourable Court declaring as null and void the said prima facie determination of Her Ladyship the Chief Justice, the report of the said Committee that recommended the removal from office of the Chairperson of the Electoral Commission as well as the decision of His Excellency the President of Ghana to remove from office the Chairperson of the Electoral Commission on the basis of the said report.

4. An order of perpetual injunction restraining His Excellency the President of Ghana from appointing any person to the position of Chairperson of the Electoral Commission until that position has become lawfully vacant in accordance with proper processes and procedures as by law established.

5. Any other or further order(s) as this Honourable Court may deem appropriate.

The capacity in which the plaintiff is bringing this action is as follows:
The plaintiff brings this action in her capacity as a citizen of Ghana to seek the interpretation and/or enforcement of the provisions of the Constitution under Articles 2(1)(b) and 130(1)(a) thereof.

Fafali Nyonator suit

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