A year ago
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 selection of the two new members, claiming they are connected to the ruling New Patriotic Party.
Also writing to the Council of State to ask them to change their recommendation is the opposition National Democratic Congress, on behalf of the two new board members to the President.
Mr. Dafeamkepor is requesting a number of statements 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.
The following reliefs are requested by Mr. Dafeamkepor:
1. A statement that, according to a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46, 284, and 296 of Ghana's 1992 Constitution, a person is not eligible to serve on the third defendant commission if they are openly affiliated with or sympathize with a registered terrorist organization.
2. A declaration that 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 third defendant Commission, according to 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.
3. A statement that a person must be neutral, impartial, fair-minded, and non-partisan to qualify as a member of the third defendant commission, according to a true and correct interpretation of the language and spirit of Articles 23, 44(1), 45, 46, 284 and 296 of the 1992 Constitution of Ghana.
4. A statement that the first and second defendants are open supporters and affiliates of the New Patriotic Party (NPP) and, as such, are ineligible to serve on the third defendant commission, according to 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.
5. A statement that, according to a true and proper interpretation of the letter and spirit of Articles 23, 44(1), 45, 46, and 296 of Ghana's 1992 Constitution, the appointment of the first and second defendants by the president of the Republic of Ghana as members of the third defendant commission is in violation of the letter and spirit of those Articles and is, as a result, void.
6. A decree rescinding the President of the Republic of Ghana's designation of the first and second defendants as members of the third defendant commission
7. A preliminary injunction prohibiting the first and second defendants from representing themselves as members of the third defendant commission while the lawsuit is still underway.
8. A permanent injunction prohibiting the first and second defendants from representing themselves as members of the third defendant commission or acting in their capacities as such.
9. Any other directives or orders that this honorable court deems necessary.
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