EC Case Not Permanently Closed, Future Petitions Possible
Private legal practitioner Ohene Amankwaa Gyan has cautioned against concluding that the Electoral Commission controversy has been settled permanently, stressing that constitutional processes still allow future action depending on developments.
In an interview via zoom on Kessben Digest Show, he said, it is premature to assume the matter is closed forever, noting that circumstances could change over time. He added that it should also not be taken for granted that officials involved will remain in office throughout the tenure of President John Dramani Mahama.
The lawyer explained that Article 146 of the Constitution of Ghana outlines procedures for the removal of the Chief Justice and judges of the superior courts, and that similar constitutional principles may apply in petitions seeking the removal of the Electoral Commission chairperson.
He further pointed out that Article 127 protects the independence of superior court judges, reinforcing safeguards around judicial authority while still allowing due process where misconduct is alleged.
Lawyer Amankwaa Gyan emphasised that the constitution permits petitions against office holders who breach Article 146 provisions, indicating that legal remedies remain available if warranted.
He also argued that conditions being pursued by the Office of the Special Prosecutor appear broader than the specific instances outlined in Article 146, making the situation distinct.
Finally, he noted the current circumstances cannot be directly compared to the removal of former Chief Justice, Justice Torkonu because the offices involved operate under different constitutional capacities and responsibilities.
