The Electoral Commission of Ghana has been sued by Rockson-Nelson Dafeamekpor, the South Dayi representative for the National Democratic Congress (NDC).
He has petitioned the Supreme Court regarding the appointment of two new members to the Electoral Commission’s Board, Hajia Salima Ahmed Tijani and Dr. Peter Appiahene.
Among other things, he is asking for the appointment to be revoked and a court order prohibiting the two board members from posing as such.
The opposition lawmaker is requesting the following reliefs from the Court:
1. A declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46, 284 and 296 of the 1992 Constitution of Ghana, a person is not qualified to be a member of the 3rd Defendant Commission if that person is a known sympathizer, a member or openly affiliates or identifies with a registered political party in Ghana.
2. A declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46, 284 and 296 of the 1992 Constitution of Ghana, a person who is a known sympathizer or member or who openly affiliates or identifies with a registered political party will be biased or prejudiced in his constitutional duties as a member of the 3rd Defendant Commission.
3. A declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46, 284 and 296 of the 1992 Constitution of Ghana, a person must be neutral, impartial, fair-minded and non-partisan to qualify as a member of the 3rd Defendant Commission.
4. A declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46 and 296 of the 1992 Constitution of Ghana, the 1st and 2nd Defendants are open sympathizers and affiliates of the New Patriotic Party (NPP) and therefore not qualified to be members of the 3rd Defendant Commission.
5. A declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46 and 296 of the 1992 Constitution of Ghana, the appointment of the 1st and 2nd Defendants by the President of the Republic of Ghana as members of the 3rd Defendant Commission is contrary to the letter and spirit of Articles 23, 44(1), 45, 46 and 296 of the 1992 Constitution of Ghana and therefore null and void.
6. An order revoking the appointment of the 1st and 2nd Defendants by the President of the Republic of Ghana as members of the 3rd Defendant Commission.
7. An order of interlocutory injunction restraining the 1st and 2nd Defendants from acting as, or holding themselves out as members of the 3rd Defendant Commission pending the determination of the suit.
8. An order of perpetual injunction restraining the 1st and 2nd Defendants from acting as, or holding themselves out as members of the 3rd Defendant Commission.
9. Any further Order(s) or direction(s) as this Honourable Court may deem necessary.
The two new board members’ appointment further tarnishes the already damaged reputation of the electoral management body, according to a letter the opposition National Democratic Congress (NDC) sent to the Council of State urging it to rethink its recommendation to the President on the matter.
