EC Chair and deputies run to Supreme Court to halt impeachment proceedings

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The Chairperson of the Electoral Commission of Ghana(EC), Mrs. Jean Adukwei Mensa and her two deputies; Dr. Eric Bossman Asare and Mr. Samuel Tettey have filed a suit at the Supreme Court to halt the impeachment processes seeking their removal.

This follows a petition to the presidency by the #FixTheCountry Movement seeking the removal of the chairperson and her deputies for their actions which disenfranchised the residents of Santrokofi, Akpafu, Lolobi and Likpe (SALL) to vote for a representative in Parliament in the 2020 Parliamentary Elections.

The #FixTheCountry movement contends that the conduct of the EC officials in the matter “meets the threshold of stated misbehaviour and, or incompetence as required under Article 146 of the 1992 Constitution for the removal of these officials”.

President Akufo-Addo after receiving the petition has forwarded same to the Chief Justice, Kwasi Anin Yeboah for the necessary actions to be taken as required by law.

But the leadership of Ghana’s Electoral Management body has filed another suit at the Supreme Court seeking to halt the process.

In addition to the convener of the petitioners, Oliver Barker-Vormawor, the Chief Justice and the Attorney-General are also named in the EC’s suit as defendants.

The EC in their writ filed at the Supreme Court, alleged that Barker-Vormawor has published contents of the petition seeking their removal in the media contrary to Article 146(8) of Ghana’s constitution and therefore pray that the court halt the impeachment processes and the declare the actions of the petitioners as unconstitutional.

Below are the reliefs sought by the EC leadership:

1. A declaration that upon a true and proper interpretation of article 146(8)of the Constitution 1992, 1st defendant’s publication in the media (traditional and social) of the contents of Petitioners’ Petition to His Excellency, The President of the Republic., for the removal of 1st, 2nd & 3rd plaintiffs from office for stated misbehaviour and incompetence sins against article 146(8) of the Constitution 1992, and to that extent unconstitutional.

2. A declaration that upon a true and proper interpretation of article 146(8) of the Constitution 1992, 2nd defendant is precluded from establishing a prima facie case or otherwise arising out of the contents of the said Petition lodged by the Petitioners.

3. A declaration that the airing of the contents of the Petition by 1 defendant to the media (traditional and social) has subjected 1st, 2nd& 3rd plaintiffs to public ridicule, hatred, odium and opprobrium and equally exposed them to unfair prejudice.

4. An order of perpetual injunction directed against 2nd defendant from determining, dealing, or having anything to do in any manner whatsoever and/or howsoever, with any issues arising out of the contents of Petitioners Petition or at all.

5. Any further orders and/or directions as this Honourable Court may deem fit to give effect or enable effect to be given to the orders of this court.

 

 

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