Pres can appoint EC Chair despite lawsuit—Yaw Oppong

 Mr Oppong

Mr Oppong

President Akufo-Addo can appoint a new Chairman of the Electoral Commission (EC) despite a lawsuit challenging the removal of the immediate past Chairperson of the Commission, Charlotte Osei, legal practitioner, Yaw Oppong has observed.

Fafali Nyonator has sued the Attorney-General over the removal of the EC Chairperson Charlotte Osei from office.

In the suit, she asked the court to declare that the committee set up by the Chief Justice, Justice Sophia Akuffo, to investigate separate complaints brought against the three commissioners at the Electoral Commission, exceeded their powers by recommending their removal, and the recommendations in the report be declared null and void.

Madam Nyonator is also seeking “an order of perpetual injunction restraining the President from appointing any persons to the person of Chairperson of the Electoral Commission until that position has become lawfully vacant in accordance with proper processes and procedures as by law established”.

But Mr Oppong insisted that the President is not obliged to wait for a determination of the case before appointing a new EC boss.

“The President can go ahead and appoint a new EC boss until a court of competent jurisdiction issues an injunction to restrain him, but even with that there can be a serious issue of whether the court can restrain the President from performing a statutory, mandatory function, but that will be until it is determined and the court has rejected it,” he noted.

Mrs Osei according to the committee, blatantly breached procurement laws in the award of several contracts in her three-year period at the helm of affairs, prior to the 2016 elections.

Excerpts of the committee’s report said it investigated six separate allegations of various procurement breaches, for which a prima facie case was established against Mrs Osei.

“All the six allegations leveled against Mrs Osei for which a prima facie case was established by the Chief Justice, relates to breaches to the Public Procurement Act, Act 663, as amended by the Public Procurement (Amendment) Act, Act 914,” the committee’s report stated.

Her two deputy commissioners, Amadu Sulley and Georgina Opoku Amankwah were also accused of procurement breaches and financial malfeasance.

Meanwhile, the Director of Communications at the Presidency, Eugene Arhin, has hinted that the president would soon announce a replacement for Mrs Osei and her two deputies. –


Akufo-Addo justifies removal of Charlotte Osei, 2 others but says it was ‘painful’

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