The Supreme Court has refrained from granting a request by broadcast journalist Richard Dela Sky, and a lawyer Kwasi Danso Acheampong, that sought to strip of the president’s authority to initiate the appointment process of the chairman of the Electoral Commission.
The applicants had contended that the president could only appoint the Chairman of the electoral body based on the advice of the Council of State.
The suit became necessary when President Mahama appointed Mrs. Charlotte Osei as the Chairpersons of the Electoral Commission in 2015.
In a 15-page writ, applicants sought “a declaration that upon true and proper interpretation of Article 70(2) of the 1992 Constitution, the provisions of Article 91(3)of the 1992 Constitution have no bearing and inapplicable to the special role of the Council of State in the appointment of the Chairman of the Electoral Commission, his Deputies and,
“A declaration that upon true and proper interpretation of Article 70(2) of the 1992 Constitution together with Article 91(4)of the 1992 Constitution, it is the Council of State that has the Constitutional mandate to initiate the process of appointment of the Chairman, the Deputies and other Commissioners of the Electoral Commission; And such advice on a suitable candidate(s)to be appointed constitutionally is other Commissioners binding on the President.”
After months of hearing, the court arrived at the conclusion that the applicants did not come to court over a breach of the constitution when the president appointed the EC boss.
According to the Supreme Court panel, the two were rather seeking for legal advice which the court said could be obtained from a solicitor general.
By Isaac Essel | 3news.com | Ghana