President Akufo-Addo and New Patriotic Party keep blowing their underbelly in this elaborate plot to supplant Mrs Charlotte Osei with their preferred Chairperson of the Electoral Commission.
Aside the inadvertent confessions presidential staffers, government spokespersons and NPP kingpins have made so far which clearly show their complicity in the whole scheme, the Director of Communications at the Presidency, Eugene Arhin, gave a clearer picture of how the presidency is in tacit support, and actually 'cooked' the petition to get Charlotte Osei out of office in his press statement.
Announcing that President Akufo Addo has referred the petition to the Chief Justice in line with article 146(3), Eugene Arhin stated that the presidency 'horded' the petition until July 26 when lawyer for the unknown petitioners "supplied" date for filing of the petition and name of the petitioners.
In other words, the President ‘delayed’ in referring the petition to the CJ because of two reasons – (1) the petition was without a date at the time it was sent to the President and (2) the petition had no petitioners. Eugene Arhin attempted to cover the President's tracks when he stated in the statement that the petition delayed in getting to the CJ because at the time it was received, President Akufo Addo was not in the country.
This alibi exposes the ignorance of those working at the presidency. Articles 57(2) and 60(8) provide that whenever the President is out of the country, the vice President assumes his position, and in that case, becomes acting President. The Supreme Court in Asare v Attorney General and Atta Mensah & Anor v Attorney General & Anor has affirmed the position that the acting President has same power as the substantive President.
So the argument that President Akufo Addo was out of the country hence the delay in referring the petition to the CJ is flawed. Then acting President Dr Mahamudu Bawumia could have referred the petition to the CJ if the presidency was desirous of doing so. Unless the 'big guys' at the flag staff house want to tell us that Dr Bawumia, as acting President, was unfit to perform the functions of President Akufo Addo when he (the President) was outside the country.
The presidency had "genuine" reason for waiting until July 26 before referring the petition to the CJ. The presidency wanted the faceless petitioners to correct all their mistakes before the petition got to the CJ. Today, we are being told that lawyer Maxwell Opoku Agyemang followed up his petition with a letter dated July 20 to add “date” to the petition and also add the names of the petitioners he had earlier concealed.
Who at the presidency told Opoku Agyemang that the petition he filed had no date? Again, who advised him to add the names of the petitioners? In the petition, Lawyer Opoku Agyemang stated that he was willing to unveil the petitioners at any forum if the processes demand.
So who asked him to "supply" the names of the petitioners before the petition was referred to the CJ?
Of course, the Supreme Court in Adjei Twum v The Attorney General &Akwetey laid down the basis for concealing the identity of petitioners. In that case, the court explained that the identity of persons desirous of concealing their identity in an “article 146” petition should be disclosed to the President. Lawyer Maxwell Opoku Agyemang knew this before he filed his undated and unnamed petitioners.
Mind you, lawyers of Charlotte Osei wrote to lawyer Maxwell Opoku Agyemang, requesting the names of the petitioners but he snubbed their letter. A writ was then issued against him on July 25 only for the presidency to be telling Ghanaians that he (Opoku Agyemang) supplied the names of the petitioners in a July 20 letter. Incredible! Somebody at the presidency might have asked him to supply the names and the date. Who then at the presidency did that hatchet job and what is the person’s interest in this case?
Lawyer Opoku Agyemang is not a novice in the legal profession. He is not just a lawyer of repute but a law lecturer at the Ghana School of Law. He “knows his onions” when it comes to law and procedure. These elementary mistakes should not be coming from someone like him.
A petition without a date and petitioners, if referred to the CJ, could have suffered a major procedural and technical defect. The presidency knew this so they ‘coached’ him to correct his errors. What interest does the presidency have in this case that officials there had to call lawyer Opoku Agyemang to correct his error?
It is not clear if his July 20 letter was an addendum to the undated petition or it amended the petition or it replaced the earlier petition. The presidency's complicity in this case is now too glaring.
Source: Amos Blessing Amorse - [email protected]
Disclaimer: Opinions expressed here are those of the writers and do not reflect those of Peacefmonline.com. Peacefmonline.com accepts no responsibility legal or otherwise for their accuracy of content. Please report any inappropriate content to us, and we will evaluate it as a matter of priority. |
GONE ARE THE DAYS WHEN MAAME ALATA OSEI'S BOSS/PAYMASTER MAHAMA WAS INCHARGE AND SHE WAS FLEXING HER NAKED DISRESPECT ACROSS THE BOARD, WE ARE NOW WITNESSING REAL CHANGE AND RULE OF LAW. CHARLOTTE OSEI WOULD HAVE LONG GONE IF GHANA WAS NOT BEING HELD HOSTAGE BY NDC THUGS. SHE WAS AND STILL NOT QUALIFIED FOR THE POSITION. ALL THOSE NDC TWERPS AND FREE-LOADERS WHO ARE CRYING BECAUSE THEY CAN NO LONGER HAVE THEIR WAY WITH THE PUBLIC PURSE ARE NOW UP IN ARMS SPEWING ***barred word*** AND SUPPORTING CHARLOTTE OSEI'S CRIMINALITY. SHE DESERVES NOT MERE SACKING BUT JAIL TERM AND SEIZURE OF ALL HER ILLEGALLY ACQUIRED ASSET!!!!!
Mr writer, the Constitution says that upon the receipt of a petition, the President shall submit it to the CJ.The question that needs to be answered is,what is a petition? Is it any document without date and signatories? If a President receives any document without a date and signatories, that surely is not a petition and the President would definitely not send that to the CJ. The NDC must realise that the chairperson of the EC is not for them alone but for whole country and the earlier they stopped this disgraceful attitude the better.
i love to see when power consumes. But for NPP it has started earlier. Hahahahahahahahahah. you have started the arrogance sharp
AND SO WHAT? IF HE IS COMPLICIT AND BEHIND IT, WHAT IS YOUR ISSUE? WHEN WE WERE ADVISING YOU PEOPLE AGAINST SUCH STUUUUUPID APPOINTMENT, WHAT DIDN'T YOU SAY AND DO. YOU HAD YOUR CHANCE TO APPOINT AND WE ARE GETTING OURS TO DISAPPOINT. YOU CAN GO TO HEEEEELLLLLLLLL
NDC NDC NDC . it hurts sooo much to be out of Govement. edey beeee k3k3
Mr./Mrs. Writer, I think you have contradicted yourself all along. In one breath, the lawyer is so learned he could not have made such simple mistakes, like date and petitioners. In another statement, he was coached by people at the presidency to correct his mistakes. You seem to insinuate that the petition was actually written at the presidency. So the lawyer is so daft that somebody writes a petition and he is called to own the document as his, to put his reputation at risk? Your write-up is illogical, to say the least. Looks like the NDC is trying hard to accuse the president of scheming to remove the EC chair. Just keep your cool and wait for the Chief Justice.
I started read then decided to scroll down only to see yaanom look alike name and i gave up. He is trying so hard to attach NPP to this petition but it didnt and ended up embarrassing himself/herself. Are u saying Maxwell doesnt know what he is doing?