Dafeamkepor, South Dayi MP sues the Electoral Commission over their board members’ selections.
Rockson-Nelson Dafeamkepor, the member of parliament for South Dayi, has filed a lawsuit to contest the selection of Hajia Salima Ahmed Tijani and Dr. Peter Appiahene as two new board members of the Electoral Commission.
Mr. Dafeamkepor is suing the Attorney General of Ghana and the Electoral Commission and asking for the appointment to be overturned as well as an injunction prohibiting the two members from serving on the Board.
The public and civil society organizations have criticized the appointment of the two new members, claiming they are connected to the ruling New Patriotic Party.
The Council of State has also received a letter from the opposition National Democratic Congress requesting that it reevaluate its recommendation to the President about the appointment of the two new board members.
Mr. Dafeamkepor is requesting a number of declarations on the qualifications and objectivity of Electoral Commission members in his case, as well as an order rescinding the appointment of the two members and an injunction prohibiting them from serving on the Board.
Mr. Dafeamkepor is seeking the following reliefs;
1. A declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46, 284 and 296 of the 1992 Constitution of Ghana, a person is not qualified to be a member of the 3rd Defendant Commission if that person is a known sympathizer, a member or openly affiliates or identifies with a registered political party in Ghana.
2. A declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46, 284 and 296 of the 1992 Constitution of Ghana, a person who is a known sympathizer or member or who openly affiliates or identifies with a registered political party will be biased or prejudiced in his constitutional duties as a member of the 3rd Defendant Commission.
3. A declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46, 284 and 296 of the 1992 Constitution of Ghana, a person must be neutral, impartial, fair-minded and non-partisan to qualify as a member of the 3rd Defendant Commission.
4. A declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46 and 296 of the 1992 Constitution of Ghana, the 1st and 2nd Defendants are open sympathizers and affiliates of the New Patriotic Party (NPP) and therefore not qualified to be members of the 3rd Defendant Commission.
5. A declaration that upon a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46 and 296 of the 1992 Constitution of Ghana, the appointment of the 1st and 2nd Defendants by the President of the Republic of Ghana as members of the 3rd Defendant Commission is contrary to the letter and spirit of Articles 23, 44(1), 45, 46 and 296 of the 1992 Constitution of Ghana and therefore null and void.
6. An order revoking the appointment of the 1st and 2nd Defendants by the President of the Republic of Ghana as members of the 3rd Defendant Commission.
7. An order of interlocutory injunction restraining the 1st and 2nd Defendants from acting as, or holding themselves out as members of the 3rd Defendant Commission pending the determination of the suit.
8. An order of perpetual injunction restraining the 1st and 2nd Defendants from acting as, or holding themselves out as members of the 3rd Defendant Commission.
9. Any further Order(s) or direction(s) as this Honourable Court may deem necessary.
Dafeamkepor