Legal Tussle: Supreme Court throws out injunction against new EC boss

Supreme Court throws out injunction against new EC boss

According to the Supreme Court, the action that the plaintiff is seeking to injunct has remedies in the constitution

The Supreme Court has dismissed an injunction brought before it by Ms. Fafali Nyonator, a women activist who was seeking to restrain President Nana Addo Dankwa Akufo-Addo from appointing a new person to occupy the position of the Electoral Commissioner until the final determination of an earlier case she filed at the Supreme Court.

According to the Supreme Court, the action that the plaintiff is seeking to injunct has remedies in the constitution. The suit filed by Fafali Nyonator is asking the court to stop an announcement of a new EC boss until the writ she filed challenging the dismissal of Charlotte Osei has been determined.

Following the dismissal of Mrs. Charlotte Osei after the recommendations of a Committee set-up by the Chief Justice to investigate some allegations brought against her by a group of staff at the EC, Falali Nyonator filed a suit at the Supreme Court challenging the legality of the process.

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According to the writ filed at the Supreme Court, she is seeking "a declaration that the determination of Her Ladyship the Chief Justice of the prima facie case pursuant to article 146 of the Constitution for the removal from office the Chairperson of the Electoral Commission is inconsistent with article 130 (a) of the Constitution as the said determination

 

Her Ladyship Chief Justice usurped the exclusive original jurisdiction of the Supreme Court to construes and/or define the scope of the application of the provisions of the constitution, particularly article 44 (2) and 146 thereof".

She is also asking the court to declare "as null and void the said prima facie determination of Ladyship the Chief Justice, the report of the said Committee that the recommended removal from office of the Chairperson of the Electoral Commission as well as the decision of His Excellency the President of Ghana to removal from office the Chairperson of the Electoral Commission on the basis of the report".

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