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| From L-R: Amadu Sulley, Charlotte Osei and Georgina Opoku Amankwah Photo Credit: Adomonline |
The Ghana
Center for Democratic Development (CDD-Ghana) has asked government to make full
disclosure of the findings of the Chief Justice Committee that investigated the
three Electoral Commission bosses.
According to
the governance institution, it is imperative to address public anxiety and
promote knowledge and understanding of the decision to remove the three
officials.
In a
statement issued in Accra on Friday, June 29, 2018, CDD-Ghana said: “Going
forward, and to help address public anxiety and promote knowledge as well as
understanding of the decision of the Chief Justice Committee, it is very
critical that full findings of the Committee’s work be made public immediately.”
A day
earlier, on Thursday, June 28, 2018, Government announced that President Nana
Addo Dankwa Akufo-Addo had “removed from office the Chairperson of the
Electoral Commission, Mrs Charlotte Osei, and her two deputies, Mr. Amadu
Sulley and Ms. Georgina Opoku Amankwah, with immediate effect.”
Dr Mustapha
Abdul-Hamid, Minister for Information and Presidential Spokesperson, signed the
statement announcing the removal of the three from office.
Broad consultations
In its
statement on Friday, CDD-Ghana considered the announcement by government as “progress
made in bringing some finality to a matter which had been hanging on the neck
of the Commission and election administration in the country over the past
several months…”
Even so, “…CDD
is certain that the news of the removal of all three executive members of the
EC would result in consternation amongst the public, particularly election
stakeholders.
“CDD-Ghana
is particularly concerned with the implications of the removal on the
governance structure of the EC in the short-term, especially with the EC
saddled with upcoming electoral activities.”
In view of
these, “The Center wishes to strongly recommend to the President to ensure that
the processes leading to the replacement of the removed officials are informed
by broad consultations to help restore confidence in the leadership of the
Commission and the institution itself.”
The CDD-Ghana
also called on all political parties and other election stakeholders “to work
together peacefully to manage any concerns raised in accordance with law and
democratic practice.”
The Article 146 debate
Meanwhile, the
debate is ongoing about the role that the governing New Patriotic Party (NPP)
and President Akufo-Addo might have played in the eventual impeachment of the
three, particularly Mrs Osei.
But according
to government, President Akufo-Addo took the action after the Committee set up
by Justice Sophia Akuffo, Chief Justice, pursuant to Article 146(4) of the 1992
Constitution of Ghana, recommended the removal of the three officials from
office. The committee investigated separate complaints brought against the
three by “Ghanaian citizens.”
“The provisions
of Article 146(9) of the Constitution require the President of the Republic to
act in accordance with the recommendations of the Committee,” government
pointed out.
Article
146(4) provides guidelines to the Chief Justice on the setting up of a committee
to hear petitions for removal of superior court judges and chairmen of regional
tribunals upon establishing a prima facie case (a case to be answered).
Under Article
44 of the Constitution, the Chairman (in this case Mrs Charlotte Osei) of the
Electoral Commission shall have the same terms and conditions of service as a
Justice of the Court of Appeal. In addition, the two Deputy Chairmen of the
Commission (Ms. Opoku Amankwah and Mr Sulley) shall have the same terms and
conditions of service as are applicable to a Justice of the High Court.
Article 146(9) of the Constitution states that “The
President shall, in each case, act in accordance with the recommendations of
the committee.”
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