Lawyer Philip Addison
The New Patriotic Party (NPP) has filed a suit challenging the authority of the outgoing president to appoint and or confirm the chairpersons of the Commission of Human Rights and Administrative Justice (CHRAJ) and the National Commission for Civic Education (NCCE).
The writ, filed Tuesday by Lawyer Philip Addison, is in reaction to President John Mahama’s confirmation of Joseph Whittal and Josephine Nkrumah as chairpersons of CHRAJ and NCCE respectively early on Tuesday.
The last gasp appointments of these chairpersons come at a time when the president will be bowing out of office after losing the December 7 general election.
He will hand over power to President-elect Nana Akufo-Addo on January 7, as transition arrangements have reached an advanced stage.
With the appointments of CHRAJ and NCCE bosses having a security of tenure, the incoming administration suspects sinister motive behind the move.
Lawyer Addison has confirmed the suit against the president, saying that he was seeking a review.
He argued that President Mahama, by the letter of the law, may have the power to make appointments until the midnight of 6th January, 2017 but in the spirit of the law, cannot make appointments that will tie the hands of the incoming president.
He said no serious democracy will entertain any such appointments and cited a case in the US where Barrack Obama was stopped from making an appointment of a Supreme Court judge.
Mr Addison said the NPP would be seeking declarative reliefs from the court to reverse the appointments by the president.
He also accused the outgoing president of abusing his discretionary powers, insisting such actions are unconstitutional.
The case will be heard on January 24, 2017.
At a brief ceremony at the Flagstaff House, President Mahama swore in Mr Jospeh Akanjolenur Whittal and Ms Josephine Nkrumah.
Both were deputies in their respective institutions and were in acting capacities as heads until their confirmation yesterday.
Ms Josephine Nkrumah was Deputy Chairman, Finance & Administration.
She has been acting for more than a year following the exit of Charlotte Osei, who was moved to head the Electoral Commission (EC) in July 2015.
Joseph Akanjolenur Whittal, until his elevation to head CHRAJ, was a deputy commissioner for more than four years.
He was appointed deputy commissioner by the late President John Evans Atta Mills in 2012.
Mr. Whittal succeeds Vivian Lauretta Lamptey who was sacked following allegations of abuse of office.