The Executive Director of Alliance for Social Equity and Public Accountability (ASEPA) has accused the Presidency and the Office of the Chief Justice of failing to follow laid down procedure in dismissing their petition for the impeachment of the Electoral Commission’s Chairperson, Jean Mensa.
Mr. Mensah Thompson believes the decision to dismiss their petition is a travesty of Justice and disregard for the laws of the country.
“The presidency has not respected the people of this country as far as we are concerned and there has been a travesty of Justice. I think the President has not respected the people and constitution of this country,” He stated
Speaking on Accra based Joy FM, Mr. Thompson argued that the Chief does not have the power to unilaterally dismiss the case. It is his view that a committee should have been constituted for the parties involved in the case to appear and present their cases before the committee in order for a determination to be made.
Mr. Thompson further argued that the Chief Justice does not have the moral right to make a determination on non-declaration of Assets case as he was investigated on same issue.
“We believe the Chief Justice did not have the moral and legal capacity to make this determination. We are saying moral because the Chief Justice himself has been investigated for failing to declare his assets and liabilities and we know the outcome then the legal capacity is that the law says a panel must be constituted. So the Chief Justice does not have the legal capacity to say that he did not find a prima facie in this case,” he said in the interview.
He said they were never contacted after he petitioned the president and that compelled them to write to the Chief Justice to enquire about the case. The Chief Justice, he said, responded to their enquiry indicating that a determination has been made and same referred to the presidency about a month ago.
He said it was when he made the response of the Chief Justice public that the presidency through the Director of Communication of the president sent a letter dismissing the petition to him via social media. This, he averred, is a disregard for the people and laws of Ghana arguing the decision should have been communicated to him through proper channels and the findings made public.
But Private legal practitioner, Sampson Lardi Anyenini who also spoke on the issue on same platform disagreed with Mr. Thompson that the Chief cannot not unilaterally determine the case. He explained that the Chief Justice could only set up a committee after establishing a prima facie case.
He however is of the view that the outcome of the findings should have been communicated directly to the petitioners and not through the presidency.
The presidency in a statement dated 27th July, 2020 and signed by the Secretary to the President dismissed the petition by ASEPA for the removal of the Electoral Commission’s Chairperson stating that the Chief Justice had not established a prima facie case to warrant the impeachment of the Electoral Commission’s Chairperson, Jean Mensah.
