In a passionate explanation of his petition for the removal of the Electoral Commission (EC) Chairperson, Jean Mensa, and its other officials, Mr. Daniel Ofosu-Appiah, a Ghanaian citizen and resident of the Volta Region outlined his reasons for invoking the constitutional provisions.
He argued that certain actions taken by the EC during the 2020 general elections were unconstitutional, incompetent, and deliberately aimed at disenfranchising citizens of the Guan district. Referencing Article 2 of Ghana’s Constitution, he stated;
“If I feel or see that there’s something going on that is contrary to what is in the constitution, I’m obliged under the constitution to do something.”
Mr. Daniel Ofosu-Appiah Petitioner
He further argued that the Constitution empowers citizens to seek redress when they believe actions or decisions undermine fundamental rights. He added;
“You either take a step or you go to the Supreme Court if you think there’s something contrary to the Constitution which is supreme.”
Mr. Daniel Ofosu-Appiah Petitioner
Mr. Ofosu-Appiah highlighted the EC’s actions on the eve of the 2020 elections, when a communique was issued preventing residents of Santrokofi, Akpafu, Lolobi, and Likpe (SALL) from voting in the parliamentary elections. This decision, he claimed, was unconstitutional, as it deprived these citizens of their fundamental right to vote for a parliamentary representative. Quoting Article 42 of the Constitution, he stated;
“Every citizen of Ghana, 18 years of age or above and of sound mind, has the right to vote and is entitled to register as a voter for public elections and referenda.”
Mr. Daniel Ofosu-Appiah Petitioner
He argued that the EC had no justification what so ever for issuing such a directive and described the move as a breach of fundamental human rights. He charged;
“There’s nothing like discretionary powers or making a decision in a vacuum without tangible explanation to it preventing somebody from exercising this basic fundamental human right.”
Mr. Daniel Ofosu-Appiah Petitioner
Allegations of Incompetence
Mr. Ofosu-Appiah accused the EC of incompetence for failing to address the Guan constituency voting issue well before the elections. He questioned the EC’s preparedness and decision-making, saying;
“As the EC, you have to foresee all these things – you don’t wait until the eve of the elections, then issue a communique that people are not going to cast their vote.”
Mr. Daniel Ofosu-Appiah Petitioner
This decision, he argued, left the people of the Guan constituency without parliamentary representation for four years, a situation he found unacceptable. He also noted that despite efforts by Franklin Cudjoe and others to seek redress through the courts, the matter was not resolved, leaving the affected citizens without a voice in parliament.
Mr. Ofosu-Appiah expressed his belief that the EC’s actions were not only incompetent but also deliberate. He suggested that the decision to prevent the people of the Guan constituency from voting was politically motivated to prevent the opposition National Democratic Congress (NDC) from gaining a majority in parliament during the hung parliament scenario in 2020.
He added that although John Peter Amewu of the New Patriotic Party (NPP) won the Hohoe parliamentary seat, the decision to disenfranchise the Guan constituency could have been influenced by political considerations.
In response to these alleged constitutional violations, Mr. Ofosu-Appiah invoked Article 146 of the Constitution, which outlines the procedure for the removal of superior court judges. He argued that the EC’s Chairperson Jean Mensa, and Officials Dr. Bossman Asare, Dr. Peter Appiahene, and Samuel Tettey fall under this category, and therefore, their actions warrant scrutiny. He added; “Somebody has to do it. If you don’t do it, tomorrow anyone in that office can just use discretion and get away with it.”
Moreover, Mr. Ofosu-Appiah acknowledged that his petition would likely spark political debate but insisted that his motivations were grounded in the rule of law and the protection of constitutional rights.
He further explained that his actions were not driven by personal or regional bias but by a commitment to ensuring accountability and fairness in the electoral process. He emphasized;
“You don’t have to be from Hohoe or Likpe. Once you are a Ghanaian, under Article 2, you are entitled to do what I’m doing right now.”
Mr. Daniel Ofosu-Appiah Petitioner
Forgiveness vs Accountability
When asked whether the EC officials could be forgiven, Mr. Ofosu-Appiah reiterated that his petition was not about vengeance but about ensuring that future leaders do not repeat the same mistakes. He disagreed;
“What is wrong is wrong. Something must be done so that anybody who occupies the office one day will not just use their discretion to prevent people from getting their representatives in parliament.”
Mr. Daniel Ofosu-Appiah Petitioner
Mr. Daniel Ofosu-Appiah’s petition to remove the EC Chairperson and other officials is rooted in his belief that their actions during the 2020 elections violated constitutional provisions and undermined the rights of Ghanaians.
By invoking Article 146, he seeks to hold these officials accountable and set a precedent for future leaders. His actions, as he insists, are not driven by political motivations but by a commitment to justice and the rule of law.
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