The Chairperson of the Electoral Commission, Mrs. Jean Mensa, and her two Deputies, Dr. Bossman Asare and Mr. Samuel Tettey have filed a writ at the Supreme Court invoking the apex court’s Original Jurisdiction to quash a petition presented by a group led by Oliver Barker-Vormawor for their removal from office.
Background
A group of 46 individuals who sympathize with the drive for active citizenship being championed by the #FixThe Country Movement on January 10, 2022, submitted a 24-page petition to the President invoking the constitutional processes per Article 146 for the removal of the Chair and Deputies of the Electoral Commission.
The lead petitioner, Oliver Barker-Vormawor indicated in a post on Facebook that lawyers, academics, students, public and private sector employees, unemployed and homeless Ghanaians across all political persuasion and ethnicity form part of the membership of the group.
Grounds for the petition
According to the group, their petition is in connection with the international denial of the right to vote of the people of Santrokofi, Akpafu, Lolobi, and Likpe(SALL) in the 2020 General parliamentary election.
The petitioners also noted that the actions of the EC and her Deputies in the above matter per the context and the light of their proceeding and subsequent conduct meets the threshold of stated misbehavior and, or incompetence as required under Article 146 for the 1992 Constitution for the removal of same from office.
What is the next step?
After receipt of the petition brought under Article 146 of the Constitution, the President of the Republic has to transmit the same to the Chief Justice.
The duty of the Chief Justice in this regard is to determine whether a prima facie case has been established in accordance with the law.
After that, a Committee consisting of three Judges and two others appointed y the Chief Justice will be put in place to investigate the petition.
The Writ
However, according to the writ filed at the apex court, the plaintiffs argue inter alia that the petitioner’s publication of the content of the said petition to the President of the Republic in the media (traditional and Social) is against article 146(8) of the Constitution, 1992 thus unconstitutional.
Moreover, they are praying the Supreme Court to preclude the Chief Justice of the Republic from establishing a prima facie case or otherwise arising out of the contents of the said petition by the group upon a true and proper interpretation of Article 146(8) of the Constitution, 1992.
Additionally,the EC Bosses argue that the airing of the contents of the petition by Oliver Barker, a Convener of the Fix the Country Group has subjected them to public ridicule, hatred, odium, and opprobrium and equally exposed them to unfair prejudice.
Also, the plaintiffs seek an order of perpetual injunction directed against the Chief Justice of Ghana 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.
Ashantibiz
