Alfred Tuah-Yeboah former Deputy Attorney General has raised concerns about the petition against the Electoral Commission (EC) Chairperson and her deputies, questioning the basis for their proposed removal.
He highlighted the gravity of such petitions, noting that the removal of an EC Chairperson or a superior court judge requires strong and compelling evidence.
He stressed that these matters demand a thorough examination through the prima facie test to ensure that the claims are well-founded and not based on weak or unsupported allegations.
“Per our constitution, the EC Chairperson can be removed from office just as our Court judges can be removed from office. The other two commissioners are also deemed to be high court judges and they can be removed in the same direction.
“What about the fourth person [Dr. Peter Appiahene]? I mean there’s no basis. The fourth person is not one of those persons named in the constitution who could be removed by resort to this kind of petition”.
Alfred Tuah-Yeboah
Tuah-Yeboah further explained that Article 44 of the Constitution outlines the conditions under which the Electoral Commission (EC) Chairperson and the two deputies can be removed from office.
He emphasized that their terms of service are aligned with those of judges of the Court of Appeal and High Court.
This provision ensures that the removal process is not arbitrary but follows the same rigorous standards and procedures applicable to judicial officers, reflecting the seriousness and gravity of such an action.
He highlighted that this alignment underscores the importance of protecting the integrity of their offices while ensuring accountability through a well-defined legal framework.
The former Deputy Attorney General clarified that the other four individuals mentioned in the petition do not hold the same status as High Court or Court of Appeal judges, as stipulated in the Constitution for the removal of the EC Chairperson and her two deputies.
He pointed out that filing a petition for the removal of individuals such as Dr. Peter Appiahene, who does not fall under the category of those subject to the same stringent removal process, raises fundamental legal issues.
He cautioned that such an approach could lead to significant procedural flaws and potentially cause the entire case to collapse.
Accordingly, Tuah-Yeboah emphasized the importance of adhering to the appropriate legal framework when initiating such petitions. “I doubt if the petition can meet the prima facie test”.
Grounds for EC Removal Petition Dismissed as Baseless
Meanwhile, Krobea Kwabena Asante, a former Presidential Staffer and aide to Dr. Mahamudu Bawumia also dismissed the grounds cited in the petition for the removal of the Electoral Commission (EC) Chairperson and other commissioners.
He described the allegations, particularly those centered on incompetence, bias, and past writings, as baseless, unfounded, and lacking merit.
According to him, the claims presented in the petition fail to meet the necessary threshold to warrant serious consideration for such an action.
He further argued that these grounds do not constitute sufficient evidence to justify the removal of individuals holding such critical and constitutionally protected positions, adding that they appear to be more politically motivated than legally substantive.
“On the issue of SALL, blaming the EC is simplistic, it was an administrative mishap where part of the blame should go to other agencies, with the passage of LI 2416 which created GUAN district”.
Krobea Kwabena Asante
As such, Krobea Asante firmly asserted that the petition seeking the removal of the Electoral Commission (EC) Chairperson and other commissioners should be outrightly dismissed.
He emphasized that the petition lacks credible grounds and fails to meet the requisite legal standards necessary to initiate such a serious process.
According to him, pursuing the petition would amount to a waste of time and resources, as the allegations presented are neither substantial nor compelling.
Asante maintained that the dismissal of the petition would not only uphold the integrity of the process but also prevent any attempts to undermine the authority and independence of the Electoral Commission.
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