Supreme Court dismisses Richard Dela Sky’s application on EC chair appointment provisions

The Supreme Court has dismissed an application filed by journalist Richard Dela Sky, alongside Kwasi Danso Acheampong, seeking an interpretation of the provisions of the 1992 Constitution concerning the appointment of the Chairperson of the Electoral Commission (EC). The application was submitted in May 2015, just before the appointment of Madam Charlotte Osei as the Chairperson of the Commission.

The Ghana Bar Association (GBA) became involved in the case after raising concerns about the President's appointment of two justices to the Supreme Court. However, the Supreme Court, in its ruling, asserted that the President is not bound by the advice of the Council of State in such appointments.

Article 70(2) of the 1992 Constitution states, “The President shall, acting on the advice of the Council of State, appoint the Chairman, Deputy Chairman, and other members of the Electoral Commission.” Additionally, Article 91(3) clarifies that the Council of State may make recommendations on matters being considered by the President, but the President is not obliged to act on such recommendations.

The lawsuit was initiated to establish a clear process for the appointment of the EC Chair, with calls from various stakeholders for the President to consult widely before making such appointments. The aim was to provide a defined path for current and future Presidents in appointing officials to the Electoral Commission.

Reliefs Sought by the Plaintiff:

1. A declaration that Article 91(3) of the 1992 Constitution is inapplicable to the Council of State's special role in appointing the Chairman of the Electoral Commission, Deputies, and other Commissioners.
2. A declaration that the Council of State has the constitutional mandate to initiate the appointment process for the EC Chairman and other Commissioners, with their advice being binding on the President.
3. An order directing the specific procedures to be followed by the Council of State in such appointments, as per Article 70(2) of the 1992 Constitution.
4. Any other orders the Supreme Court deems appropriate.

With the Supreme Court's dismissal of the application, the legal landscape surrounding the appointment process for the EC Chair remains unchanged, emphasizing the discretionary power of the President in such matters.