Lecturer at the University of Professional Studies, Accra (UPSA) Law School, Justice Abdulai.
Private legal practitioner Justice Abdulai has declared his support for the removal of the Electoral Commission (EC) Chairperson, Jean Mensa, and her deputies, describing such a move as necessary for Ghana’s democratic progress.
Speaking in an interview on Joy FM’s Midday News on Thursday, 19 February, he acknowledged holding a personal bias against the EC Chair, stating that he has not been impressed with her performance, particularly in the last two general elections.
“I have to be honest about my position on the EC Chair in particular — I am biased against her removal. Any petition legitimately intended for her removal, I’ll be in support of it,” he said.
He argued that the removal of the EC leadership would be a “good omen” for Ghana, stressing that the Commission’s work in recent years has left much to be desired.
“I needed her out because I’m not impressed with her work, particularly since the last two elections,” he added.
His comments follow the decision by Chief Justice Paul Baffoe-Bonnie to dismiss petitions seeking the removal of the EC Chair, her deputies, and the Special Prosecutor, on the grounds that the complaints failed to meet the prima facie threshold required under Article 146 of the Constitution.
However, the National Democratic Congress (NDC) has insisted that the Electoral Commission’s leadership must be removed.
While agreeing that the Chief Justice’s ruling must be respected, the lawyer raised concerns about the discretionary power vested in the Chief Justice in determining whether a prima facie case has been established.
He warned that such discretion could turn the removal process into a political tool, depending on how public office holders “appeal” to the relevant authorities.
“It becomes a serious political tool for the removal of these public office holders, depending on whether the person appeals appropriately to the President or the Chief Justice,” he cautioned.
He renewed calls for reforms to Article 146, advocating legislative measures to regulate the removal of Article 71 office holders, including senior judicial and electoral officials.
He also welcomed similar proposals by Minority MP Nana Agyei Baffour Awuah, who has called for a Constitutional Instrument (CI) to guide the process.
“I had already made that proposal,” he said. “It is in the right direction, and we have to have this done.”
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Source: www.myjoyonline.com