The Editor-in-Chief of the Crusading Guide newspaper, Mr Abdul Malik Kweku Baako, has indicted the committee that recommended the removal of the Chairperson of the Electoral Commission (EC), Mrs Charlotte Osei, for exceeding its powers.
He has accordingly filed a writ invoking the original jurisdiction of the Supreme Court to declare that the committee exceeded its scope when it recommended the removal of Mrs Osei on grounds of misbehaviour and incompetence.
The writ, which was filed on his behalf by his lawyer, Mr Samson Lardy Anyenini, at exactly 10 a.m. at the Supreme Court in Accra Tuesday July 10, is also praying the apex court to hold that the Chief Justice’s prima facie determination against Mrs Osei was inconsistent and in violation of Article 146 (3) of the 1992 Constitution.
Mr Baako’s suit has been filed exactly a week after a Ghanaian, Ms Fafali Nyonator, filed a similar writ challenging the processes leading to the removal of Mrs Osei and her two deputies.
Reliefs
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.
Mr Baako is further praying the court to rule that the CJ exercised an administrative rather than the functions and duties of a judge or judicial officer.
Another relief being sought is a declaration that in exercising the constitutional functions and duties of a committee constituted by the CJ under Article 146 (4) of the 1992 Constitution, the committee so established exercised an administrative rather than the functions and duties of a judge or judicial officer and that the committee was required to act in accordance with regulations governing the exercise of its discretionary power under Article 146 (4) of the 1992 Constitution.
Null and avoid
Mr Baako wants the Supreme Court to declare 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.
Source: Graphic.com
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the most dangerous ple we have in this country now are the coffee shop mafias. they have succeeded in putting ple at key positions in their pockets. forget abt Nana Addo in Nyantakyi's pocket. the ple these mafias have succeeded in putting in their pocket through their secret recording and blackmailing business is something to worry abt. they have judges in their pockets, police officers in their pockets, MPs in their pockets and more. ple won't understand but I pray we all live to see where things are going in this country. nobody hates anybody but the truth though bitter must be told. this same Kweku Baako support the dismissal of judges who were entrapped by anas. but is now against the removal of his relative and ple are supporting him on that? some of us needs something to wash our brains.
HYPOCRITES TO THE HIGHEST LEVEL. THEY TALK ABOUT CORRUPTION AND WHEN THEY ARE TAKING STEPS TO COMBACT CORRUPTION THEN THEY ARE GOING TO COURT UNJUSTIFY THE PUNISHMENT RENDERED TO CULPRITS. TWO FACE.TIME ALONE WILL TELL.
Personally, I don't think Kwaku is at any arsenal for guns and armour to fight the decision but rather he is at the court so it might happen that his case may be accepted or ignored. Please let us wait for the outcome than to come out and issue hash words.
At least this is better than the path the NDC was clearing. Let us remember that Mr Baako is exercising his rights as a Ghanaian and not as a relative of the former EC boss, let's wait for the court to make its determination.
Kweku Baako is far more intelligent than all the fooools badmouthing him here. the man is contributing to governance and all you nobodies can dois to insult insinuate and never talk about the issues he raised in his writ. Fooooooools
BLOOD IS THINKER THAN WATER! If it's Kwaku Baako's relation, then everything must be done to save her. Of course Charlotte Osei is a human being but Lauretta Vandrpuje is not so their cases must be treated differently. Hmmm. Some principles indeed. We wait to see.
Kweku Baako will lose this case. We have judges who were removed from office because of allegations of bribery by Anas his protégé. Now there was a case of corruption, malpractices and incompetence against the EC Chair which have been investigated and found to be true and he want her to stay in office. Oh no!!!! I expected him to know better. It is obvious he is blinded by his relationship of the EC Chair.
I respect you Kweku, this is a bold step we need in our democracy.
Kwaku Baako, you see where common sense lies? Instead of using your noisy news file to ask NPP some children in rural areas lack just one school bus instead of swimming in lakes to school, you going to court to fight this. Do you not know by now even a judge in Kasoa lacks toilet bowl in her chambers. Y3nsa oo my tomtom brains. hmm
According to the petitioners, Charlotte would send a letter for approval of a project at a cost of say $7.5million to PPA. After the approval, Charlotte would add extra $7million to it at the blind side of PPA.So in the books of PPA and EC, only $7.5million is showing, but in Chalotte's own 'books', the amount is $14.5million. She did this 6 times so it became a pattern and avenue for stealing. ASK CHARLOTTE , SINCE SHE SCHOOLED IN KANADA, THE KIND OF JOB SHE WOULD DO IN KANADA TO RAISE EVEN $1MILLION in 2 yrs. In one of her defenses, she said she did not know that any grant from foreign donors has to be routed to PPA for approval. The committee was shocked, hearing this from a lawyer. KWAKU BAAKO IS JUST FRONTING FOR CHARLOTTE AS A BLOOD RELATION, BUT HEY, GHANA FIRST.