A Ghanaian citizen, Fafali Nyonator has filed another suit at the Supreme Court, this time, asking the court to prevent President Akufo-Addo from appointing a new person to replace Charlotte Osei.
Fafali, otherwise, wants an undertaking from the Attorney General, who is the respondent to allow Mrs. Osei to resume her position, even when a new person has been sworn into office, in the event that the ruling goes in her favour.
The Supreme Court was July 3 prayed by the same person, seeking interpretation and enforcement of the provisions of the Constitution under Articles 2 (1)(b) and 130 (1)(a).
The president in June removed the head of the electoral body and her two deputies following a recommendation by the Chief Justice.
But Fafali Nyonator is convinced Mrs. Osei was wrongfully dismissed.
“That it is also my firm and reasonable belief that the provisions of Article 146 do not form part of the terms and conditions of service of the Chairperson of the Electoral Commission and the Chief Justice and the Committee erred in determining otherwise,” she stated in her latest writ file on July 17.
This suit may have been necessitated by information emanating from the presidency, suggesting that President Nana Akufo-Addo would likely name Mrs. Osei’s successor this week with names of some prominent persons being thrown into the public domain.
Fafali fears if the injunction is not granted and a new persons is appointed, even if the court upholds her claim, the decision “is likely to be rendered nugatory”.
She said, among others, “That unless the Respondent is prepared to give an undertaking that in the event I win this case Mrs. Charlotte Osei, the Chairperson of the Electoral Commission, would be permitted to continue to perform the functions of her office it is more likely than not that once a new person assumes the role of Chairperson of the Electoral Commission and is sworn into office any prospect of Mrs. Charlotte Osei being allowed or permitted to continue to perform the functions of her office as Chairperson of the Electoral Commission will be dissipated.
“That the public interest is irreparably harmed when unconstitutional conduct is not only allowed to persist and fester but is aggravated by further unconstitutional conduct as will be the case in the present case if a new person is appointed as the Chairperson of the Electoral Commission pending the final determination of the instant suit.”
By Isaac Essel | 3news.com | Ghana