Fafali Nyonator
A private citizen, Fafali Nyonator, has filed an application for interlocutory injunction at the Supreme Court to restrain President Akufo-Addo from appointing a new chairperson of the Electoral Commission (EC), pending the determination of her suit by the court.
The plaintiff filed the suit at the apex court to challenge the dismissal of Charlotte Osei and her two deputies, Amadu Sulley and Georgina Opoku-Amankwa, who were found guilty of six allegations levelled against them by some petitioners.
In the suit, she contends that the committee set up by the Chief Justice to investigate the allegations against the EC officials acted in excess of its powers when it recommended the removal of the former EC bosses from office.
Ms Nyonator avers that the committee, which recommended the removal of the three, usurped the powers of the apex court which has exclusive jurisdiction to interpret the 1992 Constitution.
A date has not been fixed for the determination of the suit.
But the plaintiff has taken a new step by filing an application for interlocutory injunction to stop the President from appointing another person as chairperson of the EC.
She wants the court to stop the President from permitting any person to serve as the substantive chairperson of the EC pending the determination of the suit which seeks to quash the recommendations of the committee set up by the Chief Justice.
She avers that in the likely event that her claims in the substantive suit are upheld, the position of chairperson of EC cannot be said to be vacant.
She claims that in the event that the suit is upheld by the apex court it will also mean that Mrs. Charlotte Osei would remain the chairperson of the EC until she is removed “in a manner consistent with the provisions of the Constitution.”
The plaintiff avers that despite the pendency of the suit before the Supreme Court, Deputy Attorney, Godfred Yeah Dame, indicated that the President would proceed to appoint a chairperson of the EC unless there is an order of injunction restraining him from doing so.
Ms. Nyonator also said that the appointment of a new chairperson of the EC would undermine the authority of the Supreme Court and further render nugatory any order that may be given in her favour.
She said the EC stands the substantial risk of being challenged which would affect its work if another person is appointed by the President before the determination of the suit.
By Gibril Abdul Razak