EC boss, deputies run to Supreme Court over petition demanding their removal

The Chairperson of the Electoral Commission (EC), Jean Mensa and her deputies –Dr. Eric Bossman Asare and Mr. Samuel Tettey– have run to the Supreme Court, over a petition by the #FixTheCountry Movement demanding their removal from office.

It comes on the back of the movement’s petition to the President to have the leadership of the electoral management body relieved of their post over the inability of the residents of Santrokofi, Akpafu, Lolobi and Likpe (SALL) to vote for a representative in Parliament.

Joined to the suit as first, second and third defendants are: Convener of the  #FixTheCountry Movement, Oliver Barker-Vormawor, the Chief Justice and Attorney General.

The pressure group petitioned the President to remove from office the EC Chair and her deputies following the inability of the people of SALL to vote in the 2020 parliamentary election.

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”.

The petitioners say the actions and inaction of Madam Jean Mensa caused the people to lose their fundamental human rights.

There are 46 signatories to the petition, including residents of SALL.

“The Petitioners have faith that the normal constitutional processes contemplated by the Constitution to avenge infractions against it and our democracy will be upheld without fear nor favour; and that their standing as mere citizens of this Republic does not disable them from obtaining justice, in the preserve of our Constitution”, the group has said.

But the Chair of the EC and her two deputies in the writ asked the court to declare the action by the pressure group as unconstitutional.

The EC boss and her deputies among other things, want the Supreme Court to stop the movement from pushing through the petition.

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.

Background

Currently, SALL, which is in the Guan district, has no representation in Parliament after contentions over its inclusion in the Oti Region following its creation.

Some residents of Akpafu, then in the Hohoe Municipality, even boycotted the referendum that endorsed the creation of the Oti Region.

Oliver Barker-Vormawor, complained about the lack of transparency from the EC since the 2020 election.

“For over a year now, there has been no attempt to give clarity to why such grievous harm was done to our constitution,” he said.

Mr. Barker-Vormawor further said the actions of his group were meant to safeguard Ghana’s constitution.

“Our commitment is to restore the constitution and ensure that the constitution continues to survive when it is under attack by persons as high as persons occupying the Office of the Electoral Commission.”