I don't see see where there is a conflict if the president re assign say a judge to the role of electoral commissioner or analogous positions as has been the posyion.By your logic where there is a vacancy and the position sui ... read full comment
I don't see see where there is a conflict if the president re assign say a judge to the role of electoral commissioner or analogous positions as has been the posyion.By your logic where there is a vacancy and the position suits some one in another analogous position,because the tenure of that position is until retirement, it should be impossible to re assign the person to the vacant position more challenging or demanding even if it best suits you.
That is not the intent or spirit otherwise the best candidate would lose out because he hold another position.The constitution and the many articles you have quoted are not intended to eliminate the best candidates when the position is vacant.It should be possible to reassign positions when the position suits another officer of the same rank that is why judges become speakers and the cj could become a speaker as has happened in the past.
As much as the president can not remove any of those I have mentioned because they are protected by the constitution until their retirement,they can be moved to more demanding positions with their consent.The only reason why the constitution gave them that protection is to act free from political interference but with one's consent the president has the right to appoint.
For example, the president can appoint that lady since she has been a lawyer for more than 15 years straight to the sc court or even be nominated as the chief justice.It is a matter of consent and once it is not arbitrary there is nothing wrong.She might have even resigned her former position before taking up this appointment and that will neutralize this argument.
Kofi Ata, Cambridge, UK 8 years ago
Okonko, the question should be, can “the” Electoral Commissioner be appointed “a judge” by the president as reassignment? The answer is no. Would it have been right for the president to have reassigned Dr Afari-Gyan ... read full comment
Okonko, the question should be, can “the” Electoral Commissioner be appointed “a judge” by the president as reassignment? The answer is no. Would it have been right for the president to have reassigned Dr Afari-Gyan to NCCE or CHRAJ? No.
I do not accept the argument that there is nothing wrong with President Mahama reassigning these protected positions with the agreement of the post holder. This is because in addition to such reassignment being manipulation of the constitution and dangerous precedent to be abused in the future, considering the power relations in Ghana and particularly between the president and all other public office holders, I cannot envisage a situation where such office holder will oppose such reassignment by a president. It does not happen in Ghana and in developing countries or Africa.
Unfortunately, those of you disagreeing with me have avoided the legal issues I have raised under Articles 234, 235(2) and 236. Will be grateful to hear views on that.
Okonko Palm 8 years ago
If the electoral commissioner was a lawyer and qualified under the constitution and there is a vacancy in say the supreme court,with his consent he could be elevated to that position not because of political interference but ... read full comment
If the electoral commissioner was a lawyer and qualified under the constitution and there is a vacancy in say the supreme court,with his consent he could be elevated to that position not because of political interference but because he will be more of an assert to the nation in that role.
Nothing in the constitution and the articles you have mentioned had said these positions are set in stone and that your services can not be required in a more challenging and demanding role.In the past,we have seen supreme court judges promoted or reassigned as speakers in parliament by the president.
Kofi Ata, Cambridge, UK 8 years ago
Okonko, the constitution allows the president to reassign judges to other constitutional roles such as heading or being a member of Commissions of Enquiry. However, a care read of the 1992 Constitution shows that the position ... read full comment
Okonko, the constitution allows the president to reassign judges to other constitutional roles such as heading or being a member of Commissions of Enquiry. However, a care read of the 1992 Constitution shows that the positions of CHRAJ, EC and NCCE chairs were protected from political interference from the Executive. This is to avoid abuse of power by the Executive and avoid the risk of removing Commissioners who may disagree with the Executive in order to appoint their cronies into such positions. By President Mahama clever action he manipulating the constitution and future presidents will use the same trick to get rid of especially EC Chairman they consider to be hostile to them to their party. What will you say if Nana Akufo Addo wins the presidency in 2016 and reassigns Mrs Osei to CHRAJ or back to NCCE and appoints someone else as CE Chairman if a vacancy becomes available to CHRAJ or NCCE?
Okonko Palm 8 years ago
Mrs Osei can only be assigned with her consent but not arbitrary because her position is protected by the constitution and so are judges.
It will be recalled that Ollennu was appointed speaker from the bench and that is r ... read full comment
Mrs Osei can only be assigned with her consent but not arbitrary because her position is protected by the constitution and so are judges.
It will be recalled that Ollennu was appointed speaker from the bench and that is reassignment. Justice Crabb was made the commissioner from the bench and that was re assignment.Even Justice Akuffo was made president when he was chief justice so the precedents of re assignment are there in thier numbers.
Luther King 8 years ago
The prez can't just reassign without first asking her of her opinion. If she doesn't want to be reassigned the president can't force her period
The prez can't just reassign without first asking her of her opinion. If she doesn't want to be reassigned the president can't force her period
G. K. Berko 8 years ago
First off, so long as the Constitution allows the President to appoint any Citizen he deems eligible for that position, upon consultations with the Council of State, he is within his limits to make this appointment.
Does ... read full comment
First off, so long as the Constitution allows the President to appoint any Citizen he deems eligible for that position, upon consultations with the Council of State, he is within his limits to make this appointment.
Does the position this Lady was already occupying have any restrictive conditions that bans her from being shifted to another position? Not any that the Constitution stipulates, or the nature of her job implicitly demands.
Now, by your own analysis and references, indicating the NCCE, EC and Appeals Court share similar conditions by which the President should act regarding those positions, all those positions could be seen then as sharing the same plane. Therefore, any shift of an individual from one post to another within that realm is only a lateral shift and does not connote demotion or firing as you claim.
Next, did you consider how the implementation of any of the selected provisions you referred to, 32 through 35, could clash with some other part of the Constitution as also hinted by the Constitution?
The same Constitution sets no screens to debar anyone qualified from being appointed by the President to fill those slots, not excluding lateral shift or appointment of any qualifying individual across any of these positions. Therefore, there would be a conflict raised by any such invocation of that restriction.
Nowhere does the Constitution, even remotely, suggest that once appointed to any Position, a barrier exists around that position that bans re-appointment of the individual to other positions he or she is qualified for. I think it is only when or if the new position were perceived as inferior to the current one that even the question of imposition rears its head.
Also, we must not forget assessing the roles of those Positions as required by the same Constitution. The impact of the NCCE on our system is not necessarily the same as that of the EC, despite the conditions that they may share for appointment.
It is therefore the requisite functions of the positions in our system that confers the plausibility of the interchange of their occupants, and not their tenure. The fact that they may share the same basic conditions of appointment does not necessarily convey the same weight of responsibility and nuances to all of them.
The idea of 'Firing' would be for the purpose punishing someone at post for some impropriety. If any President, therefore, were to change the Electoral Commissioner mid-stream in his term, it would not be for the whim of satiating his or his Party's desires. That is why the Consultation with Council of State for any such appointments is important. And that would raise serious questions on the motive for doing so that may pull on the seams of illegality from other parts of the Constitution. So, that might answer your hypothetical question of Akufo-Addo changing the EC after his possible ascension to Power.
Having said that, what would you say about this scenario: what if there were copious evidence of Afari Gyan's blatant complicity in stealing the last Elections for the NDC? Wouldn't that have been grounds for impeaching him? So, Officials in those positions may be subject to removal, just as everyone else, including the President. Except that the mode of removal is different. The President cannot capriciously fire anyone in those Positions, I believe. He could only ask for their impeachment, just as the Parliament might want to do to remove him. And especially, if the appointment to that position demanded Council of State or Parliamentary Approval, it would make more sense to defer their likely removal to the same august bodies as is respectively applicable.
The interesting difference of exerting Executive 'control' may be seen with the Cabinet. The President may appoint the Cabinet with the Parliament approval. But he could also fire a Cabinet Member without prior permission from the Parliament. The Special crucial and neutral role of the EC is what lends it a special handling, barring any capricious firing or even transfer from that position. If any such transfer hurts the stability of the Nation's Political system, it would be more directly infringing on some part of the Constitution. And that would make your Akufo-Addo scenario more likely to breach the Constitution, than say, even, the ditching of the head of NCCE.
We could see the distinction between positions that lend themselves to outright dismissal by the President and those that require other levels of Power to effect that change.
Moreover, when these references are made to the Constitution, we ought to remind ourselves of the pertinent intent of the applicable Law or section thereto. What any implied restriction in those provisions you offered meant, I believe, is the capricious and unilateral decision by the President to fire or impose on anyone in any of those Positions.
One litmus test we may have to use in determining if any control is implied in the appointment of an occupier of any one of those positions to another would be whether the appointee could safely reject the new appointment and still legally retain his or her current position.
This is where my disagreement with you takes full shape. Assuming the Lady rejected the President's offer to head the EC, would the President have had any legal recourse to act to impede her continued stay in that current position? Obviously, the answer is 'No'.
'Firing' has certain endemic perjorative repercussions that legally taints one's professional record. If the appointment of that nature were considered as 'Firing' anywhere in the Legal Circles, it would have long raised the necessary reactions from the appropriate quarters.
I concede oversights of serious blemishes do occur in Law; unintended consequences and omissions and misinterpretations and all. But this is not one of those errors that may have to be addressed at all. When it comes down to it, we would have to check for precedence to help establish what the real intent of the Law behind those appointments has been. We should be careful in strictly applying the Law with its letter but not the intent.
I seriously doubt that if this charge goes to the Supreme Court, the Court will side with the complainants.
Long Live Ghana!!!
G. K. Berko 8 years ago
Kofi, I made an error referring to the sections of the Act you cited. I meant sec.s 232, 234, and 235.
I apologize.
Long Live Ghana!!!
Kofi, I made an error referring to the sections of the Act you cited. I meant sec.s 232, 234, and 235.
I apologize.
Long Live Ghana!!!
Imaani 8 years ago
The writer is wrong in all point!!! first the lady was appointed and she could very well say to Mahama 'no!! Thank you very much , but I like it here' and the president would have to accept her choice , but if she choose to a ... read full comment
The writer is wrong in all point!!! first the lady was appointed and she could very well say to Mahama 'no!! Thank you very much , but I like it here' and the president would have to accept her choice , but if she choose to accept the new role , then I see no illegality here. There was no force removal , it was not a transfer and he could appoint the head of any of those institutions and it will be their right to accept the move. I fail to see and force transfer here.
Dr. SAS, Attorney at Law 8 years ago
Kofi,
Sometimes I don't know when or whether you can ever make up your own mind about anything.
I remember that you agreed with me about my analyses of how to amend the constitution before you disagreed with me; then yo ... read full comment
Kofi,
Sometimes I don't know when or whether you can ever make up your own mind about anything.
I remember that you agreed with me about my analyses of how to amend the constitution before you disagreed with me; then you agreed with me that Kyeremanteng should have conceded to Akufo-Addo before you disagreed with me. Today, I agreed with your previous analysis that the President acted constitutionally in appointing the EC, only for you to become a turn-coat within twenty-four hours, swallowing your own throat in utter intellectual suicide.
Don't sweat the law too much; it is not your forte.
And the constitution is not a process of linguistic computation for some absurd semantic results. It operates as a living document.
To help your mind, you have to ask whether the President caused any harm or garnered any benefit from the institution of the NCCE with his appointment of Ms Charlotte Osei to the position of Electoral Commissioner, a position which is a clear promotion and carries more prestige and influence. What exact control did the president seek; and how is the institution or anybody harmed? In other words, what is the damage caused to anybody or anything?
And then, what is Ms. Charlotte Osei's own opinion about her new position? Because it also counts as to whether her new position is benign or hostile to him. If she prefers her new position, you can construe the whole process as an implicit resignation of her old position in order to take the the present one. I think that at least some consultation took place to solicit her view; so it is not as if she is crying that she has been demoted.
Also if in doubt, refer to what happens elsewhere: or to tradition and custom as applied in other jurisdictions. Is it considered a legal anathema to promote a head of one independent institution to another with her consent?
In any case, the framers of the constitution are presumed to be wise enough; so it is not their intention that both the NCCE and the CHRAJ will become an institutional sepulcher within which appointed officials enter to die.
You are a disgrace to scholarship for flip-flopping on this one.
Mahmoud 8 years ago
Kofi you hit the jackpot this time, and I admire your courage in revealing the truth. I hope Dr. SAS would join you soon.
Kofi you hit the jackpot this time, and I admire your courage in revealing the truth. I hope Dr. SAS would join you soon.
BOY KOFI 8 years ago
Some advanced countries even don't have electoral commisioner at all,what about that?Here in France,where I have lived over the last 30 years don't have any independent electoral commission.It is the Interior Ministry that de ... read full comment
Some advanced countries even don't have electoral commisioner at all,what about that?Here in France,where I have lived over the last 30 years don't have any independent electoral commission.It is the Interior Ministry that declares the results of general elections.There is nothing like Electoral Commission boss here,everything is well organised by the local authorities and Ministry of Interior.Let me remind you again,elections are won at the polling stations where representives of parties and candidates pay attention to the voting and counting.Within some hours the Ministry of Interior can declare the winners and losers as counting progresses.You don't need all these Afari Gyans and co to declare results.In our case,the whole administration is in a mess otherwise we will not be talking about this issue here now.Thank you.
Chawchaw 8 years ago
Going through great pains to bring the analysis to this guy`s understanding.
I just hope others similarly situated, will not put you through such a needless hassle. My beef with Ata Kofi, is not that he changes his mind, b ... read full comment
Going through great pains to bring the analysis to this guy`s understanding.
I just hope others similarly situated, will not put you through such a needless hassle. My beef with Ata Kofi, is not that he changes his mind, but how he does it! Always eager to assume a vanguard position in such debates, one finds it very annoying to see him wander all over the place, trying to mimick others, whose sole purpose in participating in discussions of this nature is to cause mischief, but not to enhance scholarship.
He falsely believes that his stint as a member of an Employment Tribunal in the UK, a quasi-judicial body, qualifies him to make an authoritative and emphatic interpretation of a sacred document like our Country`s Constitution.
He needs a lot to learn, and as you have intimated, he need to get a formal legal education and training, if he wants to play in the 'big league', and be taken seriously! Enough of this 'Monday-morning-quarterbacking.
Kofi Ata, Cambridge, UK 8 years ago
Those of you who want to create the impression that I am confused are wrong because you assume that Article 70(2) issues are the same as Articles 234, 235(2) and 234. No, they are different. In fact, if I had read the point m ... read full comment
Those of you who want to create the impression that I am confused are wrong because you assume that Article 70(2) issues are the same as Articles 234, 235(2) and 234. No, they are different. In fact, if I had read the point made by Dr Gyampong prior to writing my piece on Article 70(2) last week, I would have still argued that the president was within his right under Article 70(2) to appoint “a new” head of EC. At the same time, I would have also argued that his decision to reassign the head of NCCE as head of the EC is unconstitutional for the reasons stated in this article. In other words, in a single article, I will give two different opinions for the fact that they are two separate matters, though they are both on the appointment of the EC head. This is not change of view on Article 70(2) because that position has not changed. I only gave my views on the aforementioned Articles and those cannot be the same as Article 70(2).
Let me assure you that I have no false belief that because I served as a member of the Employment Tribunal in the UK, I am a constitutional expert. I have no such false claim. I did not study constitutional law and I also believe that qualified lawyers who give their opinions on Ghanaian constitutional matters did not study constitutional law. I do so with my limited knowledge and understanding of law in general but particularly on the interpretation and application of law. I post articles to share my views and do not claim that my view is the correct one. At the end of the day, the right interpretation of the constitution is in the bosom of the Supreme Court. Even with Supreme Court Justices, they also sometimes change their view on the same matter. Therefore, I am not the only one to do so even if the two articles were on the same subject but they were not. They were on different subjects on the same matter. First the appointment processes and the second on the appointment itself and who was reassigned/appointed.
Imaani 8 years ago
Look !! Wake up here, no one is questioning those articles of the constitution , but the point here is , was she forcefully reassigned as you are claiming or she was appointed to another and she voluntary accept to move?
If ... read full comment
Look !! Wake up here, no one is questioning those articles of the constitution , but the point here is , was she forcefully reassigned as you are claiming or she was appointed to another and she voluntary accept to move?
If it's the later which it was then you have to see that you are making an issue out of nothing. The fact she head a protected institution doesn't mean she cannot be appointed to another if she so accept that appointment
Dr. SAS, Attorney at Law 8 years ago
Your view is contradictory insofar as it makes two opposite propositions that the president's appointment is at the same time constitutional and unconstitutional, although the facts adduced are evidently different; but you sh ... read full comment
Your view is contradictory insofar as it makes two opposite propositions that the president's appointment is at the same time constitutional and unconstitutional, although the facts adduced are evidently different; but you should have looked at all the four corners of the issue before forming an opinion.
Constitutional law is studied in all law schools, but tight interpretations depend on the application of the broad principles of law and one's encounter with the area of practice, a skill which neither you nor those Ghanaian lawyers fully apprehend.
But note that you have shown yourself to be rather ambivalent in issues that are prettty straightforward, and it is a mistake to view that shortcoming as positive.
You may choose to be quiet on any issue on which you have not yet formed a concrete and complete opinion. That is what I do.
Kofi Ata, Cambridge, UK 8 years ago
Dr SAS, I was aware that readers will accuse of me flip-flopping on this matter. However, I am not flip-flopping because my previous articles on this matter were restricted to Article 70(2). That is, the processes for the app ... read full comment
Dr SAS, I was aware that readers will accuse of me flip-flopping on this matter. However, I am not flip-flopping because my previous articles on this matter were restricted to Article 70(2). That is, the processes for the appointment of the head of the EC. To be specific, whether it should be the Council of State that should appoint or the President. Second, whether it was constitutional for President Mahama to appoint the head of EC when Article 70(2) suit was before the Supreme Court.
This article considered the reassignment of the head of NCCE to head the EC. Having considered the relevant Articles of the Constitution on this specific matter (these are Articles 234, 235(2) and 236, I have come to the conclusion that the reassignment is unconstitutional. That is not flip-flopping because the two matters are different and not the same.
A dangerous precedent is being set by President Mahama for future presidents to remove heads of NCCE, EC and CHRAJ by reassigning them between these constitutional bodies whilst the real motive could be to get his/her favoured person to be either the Electoral Commissioner or CHRAJ boss. That is my concern and I will not keep quiet just because I have previously argued in defence of the legality of the president's prerogative to appoint the head of the EC as set out in Article 70(2).
With regards to the Alan case, I did disagree that he should not challenge Nana Akufo-Addo. However, when all the party regional Executives, and most MPs went to Nana Akufo-Addo's home to pledge their support as if he was the mafia boss (and is still happening), it was clear that Alan had no chance. At that point I changed my mind and agreed that he should have withdrawn from the contest.
I change my mind when the facts change. I do not engage in "tribal politics" like the Tea Party and hard core right and left wing conservatives who, come what may stick to their positions for reasons of ideology. I am a realist.
Jato Kaleo 8 years ago
It is true that Kofi Ata changes his mind often. Some times, he will pursue a point of view vigorously only to fizzle out later on.
But I think, in principle, there is nothing wrong wt changing one's mind on an issue in t ... read full comment
It is true that Kofi Ata changes his mind often. Some times, he will pursue a point of view vigorously only to fizzle out later on.
But I think, in principle, there is nothing wrong wt changing one's mind on an issue in the light of additional evidence or facts. That is what Kofi Ata is doing here. In his first pronouncements, this side of the issue was unknown to him. Now that he knows it, he has changed his view. As long as he has no personal interest in promoting a specific view, he can change it.
But what Kofi Ata should do is to consider his views well before expressing them. Some times, he rushes to write articles without considering the points well.
The issue, as I understand it from Ata's write up, is that a bad precedence is being set rather than the constitution being flouted. There's a difference, eh?
Perhaps Ata can complete his legal knowledge by going to Law School since he likes commenting legal issues. But even if he goes to Law School, that won't confer on him a perfect knowledge of legal issues. Even the best legal minds disagree on legal issues since the rules here are not like rules in the natural sciences.
Celebrity-Wannabes 8 years ago
Was offered with a tongue in cheek, and was not meant as a put down, my brother.
We all admire and appreciate his interest in these critical debates or exchange of views, but as others have suggested, he should tone down on ... read full comment
Was offered with a tongue in cheek, and was not meant as a put down, my brother.
We all admire and appreciate his interest in these critical debates or exchange of views, but as others have suggested, he should tone down on the rhetoric; be seized with all the pertinent facts, before coming out with all guns blazing, as it were.
Oh one more advise to him ,is to be careful about the 'unholy alliances' he appears to want to form with all manner of people, from both his past and the present. My point here is that, it is not everybody that we hear from in these endless debates that means well for Ghana! Many a time, I shake my head in disbelief at what is going on in this country.
Luther King 8 years ago
Dr SAS, that was harsh. I think Kofi Atta wanted to generate further discussion on this to enrich himself. To to call him a disgrace is rather harsh. He has made several useful contributions on this platform unlike the aloof ... read full comment
Dr SAS, that was harsh. I think Kofi Atta wanted to generate further discussion on this to enrich himself. To to call him a disgrace is rather harsh. He has made several useful contributions on this platform unlike the aloofness okuampa and rockson adofo.
I also disagree with kofi on this one but to say he. Is a disgrace is mean. Am told the lady resigned her post as ncce shortly before the announcement.
G. K. Berko 8 years ago
I couldn't agree with you more, Dr. SAS. If I had seen and read this comment of yours, I would not need to add anything let alone submit my own comment to the same effect.
Obviously, yours is of greater depth with your su ... read full comment
I couldn't agree with you more, Dr. SAS. If I had seen and read this comment of yours, I would not need to add anything let alone submit my own comment to the same effect.
Obviously, yours is of greater depth with your superior linguistic command and expert Legal arguments.
In my layman's lingo, and with imperative simple explanations, I tried to share the same view as you offer here with examples that made me sound too verbose to my own liking.
Nevertheless, I am glad yours comes handy to help the reader understand better what the reader must correctly understand.
Thanks.
Long Live Ghana!!!
LONTO-BOY 8 years ago
MASSA KOFI, your previous modest and reasonable article supported President John Mahama's exercise of his constitutional provision and principle of Prerogative Power in the appointment of Mrs. Charlotte Keeson-Smith Osei as t ... read full comment
MASSA KOFI, your previous modest and reasonable article supported President John Mahama's exercise of his constitutional provision and principle of Prerogative Power in the appointment of Mrs. Charlotte Keeson-Smith Osei as the EC Chairperson.
What is 'unconstitutional' about her appointment? Personally, I cannot see the constitutional provision that the President has breached in the appointment of Charlotte. Don't forget that Charlotte herself is a qualified lawyer and also, it is likely the President sought the advice of constitutional experts before appointing her.
In the context of Charlotte filling up a vacancy due to Dr. Afari Gyan's retirement as the country's EC boss, the President has not in any way, acted arbitrarily. Dr. Afari Gyan wasn't forced out of the EC. And it is reasonable to contend that Charlotte wasn't 'forcefully' removed from the NCCE. So, the appointment of Charlotte cannot be described to be 'unconstitutional' as it does not undermine the country's Constitution and the capacity, purpose, procedures, independence of the NCCE administration.
Mahmoud 8 years ago
LONTO-BOY, I believe you did not read the article well, or maybe you are utterly disappointed because the truth is revealed in no uncertain terms. May
God help you.
LONTO-BOY, I believe you did not read the article well, or maybe you are utterly disappointed because the truth is revealed in no uncertain terms. May
God help you.
Kofi Ata, Cambridge, UK 8 years ago
My good brother, see my response to Dr SAS on the flip-flopping accusation. Would it be right and constitutional had President Mahama reassigned Dr Afari-Gyan to either NCCE or CHRAJ? If no then why should be right for NCCE h ... read full comment
My good brother, see my response to Dr SAS on the flip-flopping accusation. Would it be right and constitutional had President Mahama reassigned Dr Afari-Gyan to either NCCE or CHRAJ? If no then why should be right for NCCE head to be reassigned to EC?
By this reassignment President Mahama is manipulating the constitution and it is dangerous. That is my concern.
Luther King 8 years ago
Your concern is baseless. What will be wrong if the lady resigned? Or because she has a secured tenure of office she can't resign?
Your concern is baseless. What will be wrong if the lady resigned? Or because she has a secured tenure of office she can't resign?
Nyansasem 8 years ago
Big Boss, long time no see as they say it in our village. I wanted to wish you happy Republic day but that got me thinking about what kind of 4th time married woman (4th Republic 1992) who keeps on celebrating her first weddi ... read full comment
Big Boss, long time no see as they say it in our village. I wanted to wish you happy Republic day but that got me thinking about what kind of 4th time married woman (4th Republic 1992) who keeps on celebrating her first wedding anniversary (1st Republic in 1960) yearly?
Let's forget about that and talk about Kofi's superb article. I was not at base so I could not respond to Kofi's first article. After reading his first article, I thought we should be spending more time to scrutinize whether Mrs Osei is competent or not rather than whether Mahama had the right to appoint her without any consultation or advice from the Council of State. What was her achievements or accomplishment at the the NCCE? THat was my problem at first because it seems, no one is interested on what changes she brought to the NCCE. That was what I wanted to discuss under his first article.
But then, like Kofi said, after I read what Dr. Gyampo said, something hit me and I had wanted to bring that to Kofi's attention. So I was not surprised to see that he came back with this article. Almost all of you guys who have disagreed with Kofi or thinking he had turned coat are not dwelling on the thrust of his message which is, the bad precedent Mahama might have set by shifting a head of constitutionally guaranteed independent body to another, especially an important institution like EC.
Let's us forget about the legalities involve in this and dwell on the message and ask ourselves, are we willing to accept the removal or transferring of Mrs Osei to say, CHRAJ by Akufo Addo if elected just because he probably does not like Mrs Osei and replace her with someone who is affiliated with NPP? This is how we should think about this Mahama's appointment with the new information from Dr Gyanpo. From that information, Akufo or any President would have the right to shift anyone who occupies the EC chair if the disliked him or her. This is not good for the Country.
Judging from what I have seen or read from the Supreme Court, I know Prof Asare's suit would be thrown out not because it is frivolous but rather, our Judges (Judicial) hardly rule anything against our our President (Executive). They hardly have a mind of their own. Common sense and logic are always thrown out of the window at the bar.
So I don't think Kofi had turned coat as some of you are saying; in the face of new development or information, he had every right to change his position on the matter. This is known as being opened-minded.
LONTO-BOY 8 years ago
My good friend, NYANSASEM, long time no see, indeed and thanks for your commentary. Given MASSA KOFI's previous and latest articles, my criticism of him is that I found his positions seemingly contradictory. I must admit upon ... read full comment
My good friend, NYANSASEM, long time no see, indeed and thanks for your commentary. Given MASSA KOFI's previous and latest articles, my criticism of him is that I found his positions seemingly contradictory. I must admit upon reflection, I now understand MASSA KOFI is arguing on the likelihood of a constitutional scenario borne out of President Mahama's appointment of Charlotte. Perhaps, I have to borrow Mr Malik Kweku Baako's defensive line, "you know I'm not a lawyer". LOL.
Of course, I have little knowledge of constitutional and legal matters, let alone expertise, but I do believe we need to uphold the principles of our Constitution and Institutions - however imperfect.
Kyeremeh 8 years ago
Kofi Data is fast becoming a nuisance on thus forum. I want to advise him to not poke his nose into what he is not well vested. Thus a a legal matter and should be dealt with by the experts. He is too full of himself. Enough ... read full comment
Kofi Data is fast becoming a nuisance on thus forum. I want to advise him to not poke his nose into what he is not well vested. Thus a a legal matter and should be dealt with by the experts. He is too full of himself. Enough if it. His double standard is becoming too much. Where has the president gone wrong in thus situation? He should spare us the ugly noise.
Owen 8 years ago
Like seriously??
Like seriously??
Kofi Ata, Cambridge, UK 8 years ago
I think you have lost sight of the objectives for which I post articles. One, is to be the devil’s advocate by opening up debates. With that aim, if I am to be successful and objective, then I should express different and s ... read full comment
I think you have lost sight of the objectives for which I post articles. One, is to be the devil’s advocate by opening up debates. With that aim, if I am to be successful and objective, then I should express different and sometimes contradictory views even on the same subject through different lenses. It is therefore not surprising that I am been accused of being a nuisance on the forum.
Sadly, on this particular matter, I have different views because the issues I am talking about are totally different as I indicated in my response to Dr SAS’s comment. I am not trying to be a constitutional expert or better than the professional lawyers but that does not mean I do not have an opinion. The other objective as the devil’s advocate is to point out the dangers (mind the gap sort of a person). It’s not about “show off”. In fact, I learn a lot from readers’ comments.
Celebrity-Wannabes 8 years ago
Explanation accepted; but you`ll agree that the task you have set for yourself is an arduous one, and thus you need to approach it with some finesse, as well as a unique writing style, that will not turn you into a 'bunching ... read full comment
Explanation accepted; but you`ll agree that the task you have set for yourself is an arduous one, and thus you need to approach it with some finesse, as well as a unique writing style, that will not turn you into a 'bunching bag' for your readers.
godsway 8 years ago
Kofi, what you do not know is that the lady, having decided to move to EC, RESIGNED from NCCE. May be our press were could not get the filler early enough. So no constitutional breach.
Kofi, what you do not know is that the lady, having decided to move to EC, RESIGNED from NCCE. May be our press were could not get the filler early enough. So no constitutional breach.
kanana 8 years ago
I understand Mrs Osei handed in her resignation letter as head of NCEC . If that's right, then nothing wrong has been done.
Think about it.
I understand Mrs Osei handed in her resignation letter as head of NCEC . If that's right, then nothing wrong has been done.
Think about it.
back door director 8 years ago
Kofi as is typical of the African you engage in issues which are of no consequence to putting food on the table of Ghanaians.
If one is the chosen one even the devil can't prevent you from winning elections
Kofi as is typical of the African you engage in issues which are of no consequence to putting food on the table of Ghanaians.
If one is the chosen one even the devil can't prevent you from winning elections
Kofi Ata, Cambridge, UK 8 years ago
Those who claim I have changed my mind are mistaken. I have not changed my mind on the views expressed in my article entitled "Is Prez Mahama Right to Appoint New EC Chairman whilst Article 70(2) Suit is still before the SC?" ... read full comment
Those who claim I have changed my mind are mistaken. I have not changed my mind on the views expressed in my article entitled "Is Prez Mahama Right to Appoint New EC Chairman whilst Article 70(2) Suit is still before the SC?" which appeared on Ghanaweb of June 28, 2015. This article considered the constitutionality of reassigning the head of NCCE as EC Chair. The two articles dealt with two separate issues and I have not said that I change my mind. Perhaps, either I have not explained myself well or readers are confusing the two issues to be one and the same, which I totally disagree.
Those who say because Mrs Osei was consulted first and she agreed to be reassigned, that ok, I totally disagree with them. It is still a dangerous precedent. Moreover, the constitution was not meant for such manipulation. May be because Mahama has been a very soft president people do not see the dangers now but the real danger will come when Ghana elects a strong, controlling and autocratic president who will abuse this reassignment by consent but it would be too late by then, when that president will use this precedence to forced reassignment down the throats of the head of NCCE, CHRAJ and EC.
I don't see see where there is a conflict if the president re assign say a judge to the role of electoral commissioner or analogous positions as has been the posyion.By your logic where there is a vacancy and the position sui ...
read full comment
Okonko, the question should be, can “the” Electoral Commissioner be appointed “a judge” by the president as reassignment? The answer is no. Would it have been right for the president to have reassigned Dr Afari-Gyan ...
read full comment
If the electoral commissioner was a lawyer and qualified under the constitution and there is a vacancy in say the supreme court,with his consent he could be elevated to that position not because of political interference but ...
read full comment
Okonko, the constitution allows the president to reassign judges to other constitutional roles such as heading or being a member of Commissions of Enquiry. However, a care read of the 1992 Constitution shows that the position ...
read full comment
Mrs Osei can only be assigned with her consent but not arbitrary because her position is protected by the constitution and so are judges.
It will be recalled that Ollennu was appointed speaker from the bench and that is r ...
read full comment
The prez can't just reassign without first asking her of her opinion. If she doesn't want to be reassigned the president can't force her period
First off, so long as the Constitution allows the President to appoint any Citizen he deems eligible for that position, upon consultations with the Council of State, he is within his limits to make this appointment.
Does ...
read full comment
Kofi, I made an error referring to the sections of the Act you cited. I meant sec.s 232, 234, and 235.
I apologize.
Long Live Ghana!!!
The writer is wrong in all point!!! first the lady was appointed and she could very well say to Mahama 'no!! Thank you very much , but I like it here' and the president would have to accept her choice , but if she choose to a ...
read full comment
Kofi,
Sometimes I don't know when or whether you can ever make up your own mind about anything.
I remember that you agreed with me about my analyses of how to amend the constitution before you disagreed with me; then yo ...
read full comment
Kofi you hit the jackpot this time, and I admire your courage in revealing the truth. I hope Dr. SAS would join you soon.
Some advanced countries even don't have electoral commisioner at all,what about that?Here in France,where I have lived over the last 30 years don't have any independent electoral commission.It is the Interior Ministry that de ...
read full comment
Going through great pains to bring the analysis to this guy`s understanding.
I just hope others similarly situated, will not put you through such a needless hassle. My beef with Ata Kofi, is not that he changes his mind, b ...
read full comment
Those of you who want to create the impression that I am confused are wrong because you assume that Article 70(2) issues are the same as Articles 234, 235(2) and 234. No, they are different. In fact, if I had read the point m ...
read full comment
Look !! Wake up here, no one is questioning those articles of the constitution , but the point here is , was she forcefully reassigned as you are claiming or she was appointed to another and she voluntary accept to move?
If ...
read full comment
Your view is contradictory insofar as it makes two opposite propositions that the president's appointment is at the same time constitutional and unconstitutional, although the facts adduced are evidently different; but you sh ...
read full comment
Dr SAS, I was aware that readers will accuse of me flip-flopping on this matter. However, I am not flip-flopping because my previous articles on this matter were restricted to Article 70(2). That is, the processes for the app ...
read full comment
It is true that Kofi Ata changes his mind often. Some times, he will pursue a point of view vigorously only to fizzle out later on.
But I think, in principle, there is nothing wrong wt changing one's mind on an issue in t ...
read full comment
Was offered with a tongue in cheek, and was not meant as a put down, my brother.
We all admire and appreciate his interest in these critical debates or exchange of views, but as others have suggested, he should tone down on ...
read full comment
Dr SAS, that was harsh. I think Kofi Atta wanted to generate further discussion on this to enrich himself. To to call him a disgrace is rather harsh. He has made several useful contributions on this platform unlike the aloof ...
read full comment
I couldn't agree with you more, Dr. SAS. If I had seen and read this comment of yours, I would not need to add anything let alone submit my own comment to the same effect.
Obviously, yours is of greater depth with your su ...
read full comment
MASSA KOFI, your previous modest and reasonable article supported President John Mahama's exercise of his constitutional provision and principle of Prerogative Power in the appointment of Mrs. Charlotte Keeson-Smith Osei as t ...
read full comment
LONTO-BOY, I believe you did not read the article well, or maybe you are utterly disappointed because the truth is revealed in no uncertain terms. May
God help you.
My good brother, see my response to Dr SAS on the flip-flopping accusation. Would it be right and constitutional had President Mahama reassigned Dr Afari-Gyan to either NCCE or CHRAJ? If no then why should be right for NCCE h ...
read full comment
Your concern is baseless. What will be wrong if the lady resigned? Or because she has a secured tenure of office she can't resign?
Big Boss, long time no see as they say it in our village. I wanted to wish you happy Republic day but that got me thinking about what kind of 4th time married woman (4th Republic 1992) who keeps on celebrating her first weddi ...
read full comment
My good friend, NYANSASEM, long time no see, indeed and thanks for your commentary. Given MASSA KOFI's previous and latest articles, my criticism of him is that I found his positions seemingly contradictory. I must admit upon ...
read full comment
Kofi Data is fast becoming a nuisance on thus forum. I want to advise him to not poke his nose into what he is not well vested. Thus a a legal matter and should be dealt with by the experts. He is too full of himself. Enough ...
read full comment
Like seriously??
I think you have lost sight of the objectives for which I post articles. One, is to be the devil’s advocate by opening up debates. With that aim, if I am to be successful and objective, then I should express different and s ...
read full comment
Explanation accepted; but you`ll agree that the task you have set for yourself is an arduous one, and thus you need to approach it with some finesse, as well as a unique writing style, that will not turn you into a 'bunching ...
read full comment
Kofi, what you do not know is that the lady, having decided to move to EC, RESIGNED from NCCE. May be our press were could not get the filler early enough. So no constitutional breach.
I understand Mrs Osei handed in her resignation letter as head of NCEC . If that's right, then nothing wrong has been done.
Think about it.
Kofi as is typical of the African you engage in issues which are of no consequence to putting food on the table of Ghanaians.
If one is the chosen one even the devil can't prevent you from winning elections
Those who claim I have changed my mind are mistaken. I have not changed my mind on the views expressed in my article entitled "Is Prez Mahama Right to Appoint New EC Chairman whilst Article 70(2) Suit is still before the SC?" ...
read full comment