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EC AND TWO DEPUTIES ARE REMOVED FROM OFFICE


The Government yesterday issued a press Statement announcing the removal from office of the Chairperson of the Electoral Commission, Mrs.  Charlotte OSEI,and her two deputies, Mr..  Amadu Sulley and Mrs.

 Georgina Opuku Amankwa upon the recommendation of a Committee that was set up by the Chief Justice on the basis of Article 146 of the Constitution. The Committee recommended their removal from office on grounds of stated misbehavior and incompetence. Article 146 (9) obliges the president  to act upon the recommendations of the committee, which he did. Before the government issued the release, the president met each of them separately to inform them of the recommendation and gave them copies of the report of the committee.

According to Dr. Hon. Mustapha Ibrahim who read the speech of the president, on the 25th of July 2017, the president received a petition against Charlotte OSEI, and per the dictates of the Constitution, forwarded the petition to the Chief Justice the very next day. Subsequently, two other petitions against the two deputies, namely Amadu sulley and Georgina Opoku Amankwa were also received, and same were forwarded to the Chief Justice.

Once the petition were sent to the President of the Republic, in accordance with article 146 of the constitution, the President's only duty was to refer the petition to the Chief Justice, who shall determine whether there is a Prima facie case. In other words, the President had no choice but to forward the petition to the Chief Justice. There were six allegations against the chairperson, four against Amadu Sulley and four against Georgina Opoku Amankwa.

After the Chief Justice established a Prima facie case in all three instances, namely six allegation against the chairperson, four against each of the two deputies, she established a committee, under article 146(4) ,to look into the allegations, where Prima facie cases had been established. The same constitution provides that under article 146(5) that the committee appointed under clause 4 of the article, who shall forward it to the President.

The Committee ,in accordance with the respondents were represented by legal counsel. Once the recommendation has been forwarded to the President,article 146(9) offers the president no discretion but to act on the recommendation. For emphasis, it reads, and he quoted, " President shall, in each case, act in accordance with the recommendations of the Committee",is exactly what has happened. After seven months, it submitted it report".

He emphasized that , this is not the first time article 146 has been applied. Indeed, in 2015, two petitions were filed for the removal of the then Chairperson of the Commission on Human Rights and Administrative Justice (CHRAJ). 

The Commission investigated complains of serious misconduct inappropriate exercise of office, serious misjudgement and breaches of the law against her and recommended her removal to the president .like now, President John Mahama, at the time, had no option but to act first on the petition, and lastly on the recommendation of the Committee. The committee found that the " evidence before the committee proves that the Electoral Commission did not observe any prudent administration and financial management of the 2015 political parties " primaries".

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