A private citizen, Fafali Nyonator, has sued President Nana Akufo-Addo over the dismissal of the chairperson of the Electoral Commission (EC), Mrs Charlotte Osei.
Nyonator is seeking a perpetual injunction on the dismissal of the EC boss.
The plaintiff is seeking “a declaration that the determination by Her Ladyship the Chief Justice of a prima facie case pursuant to Article 146 of the constitution for the removal of office of the chairperson of the Electoral Commission is inconsistent with article 130 (a) of the constitution as by the said determination Her Ladyship the Chief Justice usurped the exclusive original jurisdiction of the Supreme Court to construe and/or define the scope of application of the provisions of the constitution, particularly Articles 44 (2) and 146 thereof.
“A declaration that the committee set up by Her Ladyship, the Chief Justice pursuant to Article 146 of the constitution to inquire into the petition for the removal from office of the chairperson of the Electoral Commission, exceeded its powers by construing, or defining the scope of application of, provisions of the 1992 constitution, including article 44 (2) and 146, and thus acted in violation of 130 (a) of the constitution by usurping the exclusive original jurisdiction of the Supreme Court to interpret the provisions of the constitution.
“An order of this honourable declaring as null and void the said prima facie determination of her Ladyship the Chief Justice, the report of the said committee that recommended the removal of office from the chairperson of the Electoral Commission as well as the decision of His Excellency the president of Ghana to remove from office the Chairperson of the Electoral Commission on the basis of the said report.
“An order of perpetual injunction restraining His Excellency the president of the Republic of Ghana from appointing any person to the position of chairperson of the Electoral Commission until that position has become lawfully vacant in accordance with proper processes and procedures as by law establish.”
Mrs Osei and her two deputies, Amadu Sulley and Georgina Opoku Amankwah were dismissed by President Akufo-Addo last week on grounds of incompetence and procurement breaches at the election management body.
A committee set up by Chief Justice Sophia Akuffo, to investigate separate complaints brought against the three persons by Ghanaian citizens, recommended their removal.
In 2017, the five-member committee investigated alleged acts of corruption involving Mrs Osei and her two deputies.
Some staff of the EC petitioned Nana Akufo-Addo to remove Mrs Osei from office over allegations of fraud and financial malfeasance as well as abuse of office. Mrs Osei also counter-alleged corruption against her deputies insisting that she has done nothing wrong and only being hounded out because she is fighting internal graft. The president, in accordance with the constitution, forwarded the petition to the Chief Justice to look into the matter.