Revoke appointment of two EC commissioners – Dafeamekpor petitions Supreme Court
The National Democratic Congress Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, has filed a suit invoking the original jurisdiction of the Supreme Court seeking to revoke the recent appointment of two commissioners of the Electoral Commission (EC) because he says the two are known sympathisers of a registered political party in Ghana.
President Akufo-Addo on Monday 20 March 2023, swore in three members of the Electoral Commission (EC) of Ghana, namely Reverend Akua Ofori Boateng, Salima Armed Tijani and Peter Appiahene, at a brief ceremony held at Jubilee House in Accra.
Rockson-Nelson Dafeamekpor, in essence, is challenging the appointment of two of the commissioners, Salima Armed Tijani and Dr Appiahene, out of the three who were appointed by the President.
Their appointments were in line with Article 43 (1 and 2) of the 1992 constitution which states that, “there shall be an Electoral Commission which shall consist of a chairman, two deputy chairmen, and four other members”.
However, in his suit filed at the Supreme Court, Rockson-Nelson Dafeamekpor (Plaintiff) named four defendants: Dr Peter Appiahehe, Hajia Salima Ahmed Tijani, the Electoral Commission and the Attorney General.
Reliefs sought
Essentially, Dafeamekpor is seeking nine reliefs according to the suit filed by his lawyer, Nii Kpakpo Samoa Addo, from the apex court of the land as far as the appointment of the two commissioners is concerned.
First, “a declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46, 284 and 296 of the 1992 constitution of Ghana, a person is not qualified to be a member of the third defendant … [the Electoral Commission] if that person is a known sympathiser, a member or openly affiliates or identifies with a registered political party in Ghana.
Second, “a declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46, 284 and 296 of the 1992 constitution of Ghana, a person who is a known sympathiser or member or who openly affiliates or identifies with a registered political party will be biased or prejudiced in his constitutional duties as a member of the third defendant Commission”.
Third “a declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46, 284 and 296 of the 1992 constitution of Ghana, a person must be neutral, impartial, fair-minded and non-partisan to qualify as a member of the third defendant Commission”.
Fourth, “a declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46 and 296 of the 1992 Constitution of Ghana, the first and second defendants are open sympathisers and affiliates of the New Patriotic Party (NPP) and therefore not qualified to be members of the third defendant Commission.
Fifth, “a declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46 and 296 of the 1992 constitution of Ghana, the appointment of the first and second defendants by the President of the Republic of Ghana as members of the third defendant Commission is contrary to the letter and spirit of Articles 23, 44(1), 45, 46 and 296 of the 1992 constitution of Ghana and therefore null and void”.
Sixth “an order revoking the appointment of the first and second defendants by the President of the Republic of Ghana as members of the third defendant Commission”.
Seventh, it requests “an order of interlocutory injunction restraining the first and second defendants from acting as, or holding themselves out as, members of the third defendant Commission pending the determination of the suit”.
Eighth, it demands “an order of perpetual injunction restraining the first and second defendants from acting as, or holding themselves out as, members of the third defendant Commission.
Nineth, any further orders or directions as court may deem necessary”.
Electoral Commission
The Electoral Commission is one of the governance institutions provided for under the 1992 constitution. The Commission was established by the Electoral Commission Act (Act 451) of 1993.
It was set up purposely to manage the conduct of all public elections and referenda, to handle all matters directly related to the conduct of elections in Ghana.
The EC is currently chaired by Jean Mensa.
Dr Bossman Eric Asare is the deputy chairman responsible for corporate affairs and Samuel Tettey is the second deputy chairman in charge of operations.
