A private citizen, Fafali Nyonator has filed a writ in the Supreme Court Registry, to invoke the original jurisdiction of the Supreme Court with respect to the removal of the former Electoral Commissioner and her deputies.
The Plaintiff seeks the following reliefs:
A declaration that the determination by Her Ladyship the Chief Justice of a prima facie case pursuant to Article 146 of the Constitution for the removal from office of the Chairperson of the Electoral Commission, is inconsistent with article 130 (a) of the Constitution as by the said determination, Her Ladyship the Chief Justice usurped the exclusive original jurisdiction of the Supreme Court to construe and/or define the scope of application of the provisions of the Constitution.
Also, a declaration that the Committee set up by Her Ladyship the Chief Justice pursuant to Article 146 of the Constitution to inquire into the petition for the removal from office of the Chairperson of the Electoral Commission, exceeded its powers by construing, or defining the scope of application of provisions of the 1992 constitution including articles 44 (2) and 146, and thus acted in violation of article 130 (a) of the Constitution by usurping the exclusive original jurisdiction of the Supreme Court to interpret the provisions of the Constitution.
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The Plaintiff prayed for an order of the Supreme Court, declaring as null and void, the said prima facie determination of Her Ladyship the Chief Justice, the report of the Committee that recommended the removal from office of the former Chairperson of the Electoral Commission, as well as the decision of His Excellency the President of Ghana to remove the Chairperson of the Electoral Commission based on the said report.
Madam Fafali Nyonator also prayed for an order of perpetual injunction, restraining His Excellency the President of Ghana from appointing any person to the position of Chairperson of the Electoral Commission until the position becomes lawfully vacant in accordance with proper processes and procedures as established by law.
Source: GhanaJustice/F.Kyerematen
