Accra, Ghana, July 24, 2018//-A Legal Practitioner, Martin Kpebu says the nomination of Jean Mensa as the new Electoral Commission (EC) Chairperson may suffer legal hurdles if the Attorney General has already been served with an injunction against the process.
This is because an application filed by a Ghanaian citizen, Fafali Nyonantor praying the Supreme Court to restrain President Nana Addo Dankwa Akufo-Addo from appointing a new Chairperson for the EC, is still pending the determination of the former EC Chairperson Charlotte Osei removal.
Commenting on the nomination of Mrs Mensa while the Supreme Court is yet to hear the application, Mr. Kpebu said all parties would have to “stay their hand” until the court determines the case, only if the AG was served with the injunction.
He told Citi FM, an Accra-based radio station: “The dominant principle is that when the attention of the person you want to injunct is served, the processes should be put on hold until the court makes a determination.”
“Generally when an application for an injunction is pending before a court of law, the parties are restrained even though the court has not yet given an order. If only the injunction motion has been served then the parties have to hold their hands until the court decides. In this case, I do not know, but if there is evidence that the AG has been served, then legally, it is not the right thing to do….” Mr Kpebu stated.
Meanwhile, Ghana’s largest opposition National Democratic Congress (NDC) has vehemently opposed the nomination of the Executive Director of the Institute of Economic Affairs (IEA), Jean Mensa as the new EC Chairperson .
This follows the nomination of Jean Mensa and Samuel Tettey and Dr Eric Asare Bossman as Deputy Chairpersons by the President Nana Addo Dankwa Akufo-Addo.
Reacting to the nomination in a statement, the NDC said it is shocked by the nomination, given that President Nana Akufo-Addo until his nomination, had assured that persons to be nominated as EC officials will be persons “whose integrity and political neutrality would be above board.”
The statement signed by the General Secretary of the NDC, John Asiedu Nketia added: “For President Akufo –Addo to proceed contrary to his earlier assurance to appoint a known pro-NPP and on-avowed anti NDC person like Mrs. Jean Mensa to chair a commission which would organize elections invoking the NPP and NDC as the main contenders defies all series of decency, fairness and justice, and amounts to a gross abuse of the discretionary powers of appointment vested in him by the Constitution of the Republic of Ghana”.
The party in the statement assured the public that it would in due course provide details of what it calls “open and covert activities of Jean Mensa which makes her unfit to occupy the high position of Chairperson of the Electoral Commission of the Republic of Ghana.”
The EC Chairperson post became vacant following the sacking of the former EC Chairperson Charlotte Osei by the President on the recommendation of the Chief Justice for misbehavour, among others.
African Eye Report
