The constitutional interpretation of the appointment of a Chairman for the EC has generated varying opinions.
While some claim it is the sole prerogative of the President to make the appointment, others say it demands wider consultations.
But the 1992 constitution states: “The President shall, acting on the advice of the Council of State, appoint the Chairman, Deputy Chairmen, and other members of the Electoral Commission.”
“When the constitution uses such a language…in essence, it is the Council of State which is making the appointment because the person shall act in accordance,” Justice Crabbe stated on Accra-based Citi FM on Thursday, April 23.
“It is mandatory and, therefore, the president is bound by the decision of the Council of State.”
Dr Kwadwo Afari Gyan, who has been the EC boss since the return to constitutional rule, retires in June.
The appointment of his successor will be the first under the current constitution.
“What I want to emphasise is the consensus aspect of this appointment even though the words of the constitution say the president shall act in accordance to the advice of the Council of State,” the former EC Chairman noted, adding that there should be massive behind-the-scenes consultation, especially by the Council of State.