Group seeks removal of EC Chair, two deputies over SALL disenfranchisement

A group of 46 individuals sympathetic to the #FixTheCountry Movement have petitioned the President for the removal of the Electoral Commission Chairperson, Jean Mensa, and her two deputies; Dr Bossman Eric Asare and Samuel Tettey, over the inability of the residents of Santrokofi, Akpafu, Lolobi and Likpe (S.A.L.L.) to vote 2020 parliamentary elections.

A statement signed by the lead petitioner, Mr Oliver Barker-Vormawor said they had submitted a petition of 24 pages and 19 appendixes to President Nana Addo Dankwa Akufo-Addo, invoking the constitutional processes for the removal of the chairperson and deputies of the Electoral Commission.

The petitioners contend that the actions of the above-mentioned EC officials intentionally denied the “right to vote” of the people of Santrokofi, Akpafu, Lololi and Likpe in the elections.

“The petitioners assert that the actions of the impugned officials, if considered in context and in light of their preceding and subsequent conduct, meets the threshold of stated misbehaviour and, or incompetence as required under Article 146 of the 1992 Constitution for the removal of these officials,” the statement said.

Background

It would be recalled that the Electoral Commission (EC) through a release issued on the eve of the 2020 elections, caused the exclusion of S.A.L.L. to vote and elect a Member of Parliament.

Although voters in the SALL traditional areas were allowed to vote in the Buem constituency for the Presidential elections, they were directed by the EC not to participate in the Parliamentary elections.

Press Update

[10 January 2022]

PETITION TO THE PRESIDENT OF THE REPUBLIC OF GHANA FOR THE REMOVAL FROM OFFICE OF THE CHAIRPERSON AND OF THE DEPUTY CHAIRPERSONS OF THE ELECTORAL COMMISSION PURSUANT TO ARTICLE 146 OF THE 1992 CONSTITUTION.

Earlier today, January 10, 2022, a group of 46 individuals who sympathize with the drive for active citizenship being championed by #FixTheCountry, agreed to join efforts to submit a petition of 24 pages and 19 appendixes to the President of the Republic of Ghana, invoking the constitutional processes for the removal of the Chair and Deputies of the Electoral Commission.

The petitioners comprise lawyers, academics, students, public and private sector employees, unemployed and homeless Ghanaians, and cuts across all political persuasions and ethnicity. The petitioners come from different towns and regions across the country and includes Ghanaians in the diaspora.

**Grounds for the Petition**

The petition has been brought in connection with the intentional denial of the right to vote of the people of Santrokofi, Akpafu, Lololi and Likpe in the 2020 general parliamentary elections.

The petitioners assert that the actions of the impugned officials, if considered in context and in light of their preceding and subsequent conduct, meets the threshold of stated misbehaviour and, or incompetence as required under Article 146 of the 1992 Constitution for the removal of these officials.

**Why have the Petitioners taken this step?**

In presenting this petition, the Petitioners have chosen to place their trust in a 1992 Constitution they believe to still be alive. The Petitioners have faith that the normal constitutional processes contemplated by the Constitution to avenge infractions against it and our democracy will be upheld without fear nor favour; and that their standing as mere citizens of this Republic does not disable them from obtaining justice, in preserve of our Constitution.

**What are the Next Steps?**

The Supreme Court has held that the President on receipt of a petition brought under Article 146 acts only as a conveyor belt, who has no choice but to transmit the petition to the Chief Justice.

The Chief Justice then has the duty to determine whether a prima facie case has been established in accordance with law. After that, a Committee consisting of three Judges and two others appointed by the Chief Justice will be put in place to investigate the petition.

We expect that as the President has done in previous times, he will act with necessary dispatch and have the necessary democratic integrity to not to frustrate efforts to protect our Constitution and constitutional rights.

**Public release of the Content of the Petition.**

The Supreme Court has in a string of decisions held that the contents of a petition brought under Article 146 of the Constitution cannot be made public in order to protect the privacy interest of the Article 146 office holders. While the Petitioners find it bizarre that the Supreme Court will aid public office holders to assert non-existent personal privacy interests in grave matters of public interest and in connection with the performance of their duties, they have reticently agreed to embargo the release of the full content of the petition.

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Signed: Oliver Barker-Vormawor [Lead Petitioner]

Media Contacts:

1. Benjamin Darko [0244220075]

2. Oliver Barker-Vormawor