Tuesday,
May 19, 2015
Folks, there is no ambiguity about the
provisions of the 19923 Constitution that mandate the President of the Republic
of Ghana to appoint the Chair of the Electoral Commission or others to serve
there. Neither is there any cause for alarm regarding the constitutional
mandate of the President to appoint the public officers needed to run the
affairs of state.
So far, the Presidents that have ruled Ghana
in this 4th Republic have performed such constitutionally mandated
responsibilities without any hubbub. Why should there be any grumbling and
complaining, especially in the case of the EC Chair?
Of course, when Jerry Rawlings appointed Dr.
Kwadwo Afari-Gyan, hell didn't break loose; and he has performed his duties
with the highest level of commitment, conscientiousness and determination to
move Ghana forward in terms of constitutional democratic governance. He will
soon retire; and a replacement is needed.
All of a sudden, those not sure of their own
political direction or those afraid of losing Election 2016 despite all the
negative propaganda that they've unleashed against the Mahama-led
administration have risen up in arms to protest loudly on rooftops to create
the unfortunate impression that the President's constitutional mandate has
limitations.
It was the NPP camp that set the fire, stoked
it with all kinds of make-believe lies, intimidation, and empty political
rhetoric. They achieved nothing, even after strongly demanding that the
President should meet with them (and other political parties) to determine who
the next EC Chair should be. They are undaunted, though they are still hitting
the brickwall and gnashing their teeth in consequence.
Their kind of rabble-rousing in this regard is
unprecedented; but they will end up achieving nothing to change the dynamics.
Once the Constitution is clear on who has the mandate to appoint the Chair of
the EC, those with their heads properly screwed on their torso won't lose any
sleep. All they expect is that a replacement for Dr. Afari-Gyan will be
announced soon to keep the EC in shape.
For purposes of emphasis, here is what is in
the 1992 Constitution:
1.
Article 70 (2): “The
President shall, acting on the advice of the Council of State, appoint the
Chairman, Deputy Chairman, and other members of the Electoral Commission.”
2.
Article 91(3): “The
Council of State may, upon request or on its own initiative, consider and make
recommendations on any matter being considered or dealt with by the President,
a Minister of State, Parliament or any other authority established by this
constitution except that the President, Minister of State, Parliament or other
authority shall not be required to act in accordance with any recommendation
made by the Council of State under this clause.”
What at all is not clear about this simple
language? And where were all these "nay sayers" when Rawlings appointed
Dr. Afari Gyan, using the same constitutional provision?
For those still not sure of what the
Constitution says, the way to the courtroom is their choice. One of them is a
Richard Dela Sky (described as "a Ghanaian citizen") who has filed a
writ at the Supreme Court asking the court to interpret provisions of the 1992
Constitution on the appointment of an Electoral Commission (EC). (See http://www.ghanaweb.com/GhanaHomeP…/NewsArchive/artikel.php…)
Of all the reliefs being sought by this Dela
Sky, the ones that turns my crank are:
I.
A declaration that upon true and proper
interpretation of Article 70(2) of the 1992 Constitution together with Article
91 (4) of the 1992 Constitution, it is the Council of State that has the
Constitutional mandate to initiate the process of appointment of the Chairman,
the Deputies and other Commissioners of the Electoral Commission; And such
advice on a suitable candidates(s) to be appointed constitutionally is binding
on the President.
III.
An order directing the exact procedures to be
followed by the Council of State either suo motto or by prompting by the
President in such appointments in the light of Article 70(2) of the 1992
Constitution.
MY COMMENTS
This litigant doesn't know what to do with his
time and resources and is in court for nothing but the record books. Where does
the Constitution lay the burden on the Council of State to initiate the process
for the appointment of the EC Chair and public officers and for which it must
have the clout to dictate to the President? What is too difficult about the
"advisory role" that the Council of State is assigned, which this
litigant cannot understand?
And for him to demand that the Supreme Court
should issue "an order directing the exact procedures to be followed by
the Council of State either suo motto or by prompting by the President in such
appointments in the light of Article 70(2) of the 1992 Constitution"
speaks volumes. It won't happen!!
For purposes of reiteration, let me say that
this suit fits into the NPP's "Concert Party" agenda, much of which
was on display during the useless petition hearing and which we will see a lot
of henceforth. That is not to say that this Dela Sky is an NPP member. He could
be anything at all, but his suit is ludicrous and will be dismissed by the
Supreme Court.
I hope these litigants will go to court to
challenge the constitutional provision that mandates the President to appoint
the Chief Justice and justices of the Superior Courts too.
By refusing to participate in the processes
leading to the drawing up of the 1992 Constitution, they did much disservice to
Ghana and are now reaping the whirlwind from the wind of negative politics that
they sowed. Lazy minds to be pooh-poohed!!
By June when Dr. Afari-Gyan retires, President
Mahama would have given Ghana a reliable replacement to chair the EC. Let the
"against people" sharpen their tongues and teeth for the wordy
warfare.
I shall return…
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E-mail:
mjbokor@yahoo.com
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