Christian Malm-Hesse, a private legal practitioner, has said that Ghana’s constitution does not contain a provision which clearly states how the Chairperson of the Electoral Commission (EC) can be ousted from office.
He, however, indicates that the lack of such a clear-cut provision does not mean the EC chair cannot be removed from office.
His comments come on the back of a petition filed by one Kwame Ofosu-Appiah, seeking the removal of the Electoral Commission (EC) Chair and her deputies.
Ofosu-Appiah, has stated amongst his reasons in the petition that certain comments made by some members of the Commission prior to their appointment are grounds for removal.
He also stated that Madam Jean Mensa used her discretion to disenfranchise residents of Santrokofi, Akpafu, Likpe, and Lolobi (SALL) in the 2020 parliamentary elections.
Speaking on Ghana Tonight on TV3 Monday, January 27, 2025, lawyer Malm-Hesse indicated that “it is a constitutional procedure and once this has been invoked, it will take that position alike. The most important thing that we’ll look at is Article 43(3), Article 126(1), Article 127.”
He continued that “to remove the Chairperson of the EC, it is one that has not been clearly provided under the Constitution, but then again, it doesn’t mean that the Chairperson cannot never be removed.”
He stated that getting the EC Chair out of office is something that has “in fact, been an academic exercise by most constitutional writers in that particular area. When you look at Article 43(3) it provides that the Chairperson of the EC shall have the same conditions of Service as the Judges of the Court of Appeal” making occupants of such office receive the same treatment as the judges.
Meanwhile, a former Attorney-General, Joseph Nii Ayikoi Otoo, has said that the grounds upon which the citizen is calling for the ousting of the EC Chairperson and her deputies are not substantial.
