Kweku Baako Challenges Removal Of EC Boss In Court

• Posted on July 11, 2018
• by Ellsamwise King
• Comment

Veteran journalist Abdul Malik Kweku Baako is in court to challenge the removal of the Electoral Commission chairperson Charlotte Osei, arguing the committee that recommended her removal exceeded its powers.

His lawyer Samson Lardy Anyenini confirmed to Starrfmonline.com on Wednesday, 11 July 2018 that he has filed a writ on behalf of his client, praying the Supreme Court to reverse the decision.

Mrs. Charlotte Osei and her two deputies – Amadu Sulley and Georgina Amankwaah – were sacked by president Akufo-Addo a week ago on grounds of “incompetence and misbehavior.”

According to the state-owned Daily Graphic, “the 18 reliefs being sought by Mr Baako include a declaration that upon a true and proper construction of Article 146 (1) of the 1992 Constitution, a petition for the removal of the chairperson of the EC, pursuant to the provisions of Article 146, was only valid if such a petition alleged stated misbehaviour or incompetence relating to the performance of the core constitutional functions of the chairperson of the EC.

“He is also seeking a declaration that the finding by the Chief Justice (CJ) that a prima facie case had been made out in respect of six allegations contained in the petition for the removal of Mrs. Osei pursuant to Article 146 of the Constitution and which allegations were not founded on acts of stated misbehaviour or incompetence against Mrs. Osei in the performance of her core functions as Chairperson of the EC was unconstitutional, null, void and of no effect.

The same act was inconsistent with and in violation of the provisions of Article 296 Clause (c) of the 1992 Constitution and accordingly arbitrary and unconstitutional.”

His suit follows that of another Ghanaian Ms. Fafali Nyonator, challenging the processes leading to the removal of Mrs. Osei and her two deputies.

Mr. Baako, who is the editor-in-chief of The New Crusading Guide newspaper wants the apex court of the land to rule that the recommendations for the removal of Mrs. Osei upon which the President acted were inconsistent with Articles 43 (1)(a), 44 (2), 45 and 146 (1) of the 1992 Constitution and for that matter, null, void and of no effect.

“To that effect, Mr. Baako is seeking a declaration that on the basis of the defective nature of the petition, Mrs. Osei is and remains the Chairperson of the EC,” the newspaper reported.