South Dayi Member of Parliament, Rockson Nelson Dafeamekpor is seeking the intervention of the Supreme Court in the appointment of the three persons, Dr. Peter Appiahene, Madam Salima Ahmed Tijani and Reverend Akua Ofori Boateng, to the Electoral Commission (EC) by President Nana Akufo-Addo, after they were accused of belonging to the New Patriotic Party (NPP).
The opposition lawmaker is seeking “A declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46, 284 and 296 of the 1992 Constitution of Ghana, a person is not qualified to be a member of the 3rd Defendant Commission if that person is a known sympathizer, a member or openly affiliates or identifies with a registered political party in Ghana.
“A declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46, 284 and 296 of the 1992 Constitution of Ghana, a person who is a known sympathizer or member or who openly affiliates or identifies with a registered political party will be biased or prejudiced in his constitutional duties as a member of the 3rd Defendant Commission.
“A declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46, 284 and 296 of the 1992 Constitution of Ghana, a person must be neutral, impartial, fair-minded and non-partisan to qualify as a member of the 3rd Defendant Commission.
“A declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46 and 296 of the 1992 Constitution of Ghana, the 1st and 2nd Defendants are open sympathizers and affiliates of the New Patriotic Party (NPP) and therefore not qualified to be members of the 3rd Defendant Commission.
“A declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46 and 296 of the 1992 Constitution of Ghana, the appointment of the 1st and 2nd Defendants by the President of the Republic of Ghana as members of the 3rd Defendant Commission is contrary to the letter and spirit of Articles 23, 44(1), 45, 46 and 296 of the 1992 Constitution of Ghana and therefore null and void.
“An order revoking the appointment of the 1st and 2nd Defendants by the President of the Republic of Ghana as members of the 3rd Defendant Commission. An order of interlocutory injunction restraining the 1st and 2nd Defendants from acting as, or holding themselves out as members of the 3rd Defendant Commission pending the determination of the suit. An order of perpetual injunction restraining the 1st and 2nd Defendants from acting as, or holding themselves out as members of the 3rd Defendant Commission.
“Any further Order(s) or direction(s) as this Honourable Court may deem necessary.”
Mr Akufo-Addo on Monday, March 20 swore in three new members of the Electoral Commission, Ghana (EC).
They were sworn in at a short ceremony at the Jubilee House.
Their appointment comes 21 months to the next major elections.
The President said “I have always fought for and advocated for a credible electoral process in Ghana. In emphasizing the importance of the credibility of elections, it must be pointed out that the counting, collation and declaration of results cannot and should not be more important than the sacred God-given right of the citizen casting his or her ballot.
“I have said it before and I will repeat it, elections are about those who cast their vote, not those who count, not those who supervise, not those who transmit and not those who declare. The heart of the democratic process is giving effect to the choices made by those who cast the votes.”
But the President was accused of appointing politically-exposed persons to the EC.
For instance, Former President John Dramani Mahama said while speaking to supporters of the NDC as part of his campaign to be elected flagbearer of the NDC for the 2024 elections that “we want the 2024 general elections to be free and fair, we in NDC won’t rig it and we won’t also allow anyone to rig it. If the elections are free and fair the NDC will win by the grace of God.
“The NPP are afraid and so they are placing their party members at the Electoral Commission. If you look at the recent appointments that were made to the EC they are NPP people complete.”
The Coalition of Domestic Election Observers (CODEO) also said nothing stopped the newly-appointed Commissioners to the EC from resigning after they were accused of being politically exposed persons.
Addressing a press conference in Accra on Wednesday, a leading member of CODEO, Rev. Dr Fred Degbey said “We are painfully aware that voluntary and constitutionally grounded revocation of these unfortunate and democratically problematic EC appointments by the President is extremely unlikely.
“However, nothing stops the affected appointees, namely Dr Peter Appiahene and Hajia Salima Tijani from voluntarily and honourably resigning from the EC.
This will be in the supreme interest of our country’s continued democratic progress, election peace and credibility and indeed overall national interest.”
