The Supreme Court has thrown out an interlocutory injunction suit filed by private Ghanaian citizen Fafali Nyonator, in which she sought an order to restrain President Akufo-Addo from appointing a new Chairperson of the Electoral Commission.
According to the highest court of the land, Fafali's application was full of errors.
Counsel for the plaintiff, Chris Ackumey, had argued that the overriding purpose of his client’s application, was to entrench the rule of law and also seek legal remedies vis-à-vis what his client considered a breach of the Constitution.
Mr. Ackumey said the application was appropriate since it was aimed at dealing with all constitutional infringements.
He added that if the case challenging the dismissal of former boss Charlotte Osei filed by his client go in their favour, it will result in there being two EC Chairs, hence, appropriate for the court to grant the application.
He further stated that the circumstances under which a prima facie case was established against Mrs. Osei was wrong.
Deputy Attorney General and Minister of Justice, Godfred Yeboah Dame, however, disagreed.
Citing Article 2 of the Constitution to buttress his argument, Mr. Dame prayed the court to disapprove the application on the scale of convenience.
He stressed that the EC cannot function without a Chair and Commissioners.
Mr. Dame drew the court’s attention to some impending district assembly elections and referenda, hence the need for a new Chair to be appointed.
The five-member panel of justices, presided over by Justice Julius Ansah, ruled against the applicant, saying Article 22 of the Constitution provides a remedy in the event of the verdict of the substantive case going in favour of the applicant.