1 week ago
1
President John Dramani Mahama has received 10 petitions for the removal of 2 heads of nationalist institutions and 2 deputies appointed nether Article 70 of the Constitution.
The institutions are the Electoral Commission (EC) and the Office of the Special Prosecutor (SP).
Seven petitions were filed against the Chairperson of the EC, Jean Mensa, and her 2 deputies, Dr Bossman Eric Asare, who is successful complaint of Corporate, and Samuel Tettey, successful complaint of Operations.
Three different petitions are against the removal of the SP, Kissi Agyebeng.
Checks by the Daily Graphic bespeak that the assorted petitions person been forwarded to the Chief Justice, Justice Paul Baffoe-Bonnie.
Article 70(2) of the Constitution states that “The President shall, acting connected the proposal of the Council of State, name the Chairman, Deputy Chairmen and different members of the Electoral Commission.”
The Chairperson of the EC and the deputies person the aforesaid conditions of work arsenic those of Justices of the superior courts — the Supreme Court, the Court of Appeal and the High Court — and truthful are their removal processes.
While the Chairperson of the EC has the aforesaid presumption and conditions of work arsenic a Justice of the Court of Appeal, the 2 Deputy Chairmen of the Commission person the aforesaid presumption and conditions of work arsenic are applicable to a Justice of the High Court.
Removal of EC chair
According to Article 146 of the 1992 Constitution, a Justice of the Superior Court oregon a Chairman of the Regional Tribunal shall not beryllium removed from bureau but for stated misbehaviour oregon incompetence oregon connected crushed of inability to execute the functions of his bureau arising from infirmity of assemblage oregon mind.
The 2nd clause provides that a Justice of the Superior Court of Judicature whitethorn lone beryllium removed successful accordance with the process specified successful Article 146(3).
“If the President receives a petition for the removal of a Justice of a Superior Court different than the Chief Justice oregon for the removal of the Chairman of a Regional Tribunal, helium shall notation the petition to the Chief Justice, who shall find whether determination is simply a prima facie case.
“Where the Chief Justice decides that determination is simply a prima facie case, helium shall acceptable up a committee consisting of 3 Justices of the Superior Courts oregon Chairmen of the Regional Tribunals oregon both, appointed by the Judicial Council and 2 different persons who are not members of the Council of State, nor members of Parliament, nor lawyers, and who shall beryllium appointed by the Chief Justice connected the proposal of the Council of State.
also provides that the committee appointed shall analyse the ailment and shall marque its recommendations to the Chief Justice who shall guardant it to the President.
Article 146 besides provides that each proceedings nether the nonfiction shall beryllium held successful camera, and the Justice oregon Chairman against whom the petition is made is entitled to beryllium heard successful his defence by himself oregon by a lawyer oregon different adept of his choice.
“The President shall, successful each case, enactment successful accordance with the recommendations of the committee,” clause 9 of the aforesaid nonfiction further provides.
Special Prosecutor
Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959) deals with the removal of the SP, with timelines.
Similar to that of the EC, the SP “shall not beryllium removed from bureau but for (a) stated misbehaviour oregon incompetence; (b) incapacity to execute the functions of the Office by crushed of infirmity of assemblage oregon mind; (c) wilful usurpation of the Official Oath oregon Oath of Secrecy; (d) behaviour which (i) brings oregon is apt to bring the Office of the Special Prosecutor into disrepute, ridicule oregon contempt; or(ii) is prejudicial oregon inimical to the system oregon information of the State.
A idiosyncratic who seeks to region the SP from bureau indispensable taxable a petition to the President, who must, wrong 7 days, notation the petition to the Chief Justice who shall, wrong 30 days, find whether determination is simply a prima facie case.
Where a prima facie lawsuit is determined, the CJ shall wrong 14 days acceptable up a committee akin to that of the removal of immoderate of the heads of law bodies appointed by the President.
The committee is work bound to analyse the substance wrong 90 days and marque its proposal to the President done the Chief Justice.
The President past has nary prime but enjoined to enactment successful accordance with the recommendations of the committee.
English (US) ·