A private citizen, Fafali Nyonator, has challenged the authority of the Chief Justice concerning the committee she constituted that led to the removal of the chairperson of the Electoral Commission, Charlotte Osei.
In a writ filed at the Supreme Court on Tuesday, July 3, 2018, Fafali Nyonator is asking the apex court of the land to instruct President Akufo-Addo to suspend any move to appoint a new EC head.
What is more, the writ is seeking interpretation and enforcement of the provisions of the Constitution under Articles 2 (1) (b) and 130 (1) (a).
“Subject to the jurisdiction of the High Court in the enforcement of the Fundamental Human Rights and Freedoms as provided in article 33 of this Constitution, the Supreme Court shall have exclusive original jurisdiction in –
“(a) all matters relating to the enforcement or interpretation of this Constitution; and…” Article 130 of the Constitution stipulates.
Fafali who is suing the Attorney General and Minister of Justice, said the Chief Justice exceeded her powers and violated Article 130 (a) of the Constitution, thus accusing the head of the judiciary of “usurping the exclusive original jurisdiction of the Supreme Court to interpret the provisions of the Constitutions”.
She is also seeking an order of declaration, among others, that the prima facie case established against madam Charlotte Osei is null and void.
“An order of perpetual injunction restraining His Excellency, the President of the Republic of Ghana from appointing any person to the position of the Chairperson of the Electoral Commission until that position has become lawfully vacant in accordance with proper process and procedures as by law established,” Fafali Nyonator prayed the court.
The Attorney General Gloria Akuffo has 14 days to respond to the suit.
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