NDC MP drags government, EC to Supreme Court over appointment of pro-NPP commissioners

Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, has dragged government and the Electoral Commission (EC) to the Supreme Court seeking the revocation of the recent appointment of two commissioners of the EC.

The MP's suit is specifically against the appointment of Salima Ahmed Tijani and Peter Appiahene, who he says are known sympathisers of the governing New Patriotic Party (NPP).

Dafeamekpor (Plaintiff) is seeking eight main reliefs in a case that lists four defendants: Dr Peter Appiahehe, Hajia Salima Ahmed Tijani, the Electoral Commission and the Attorney General.

President Nana Addo Dankwa Akufo-Addo on Monday 20 March 2023, swore in the two along with Reverend Akua Ofori Boateng, as EC top officials at a brief ceremony held at Jubilee House in Accra.

The appointment of new commissioners is 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”.

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”.

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