The petition filed by Kwame Ofosu-Appiah seeking the removal of Electoral Commission (EC) Chairperson Jean Mensa and her deputies has been dismissed as lacking merit by former Attorney-General Nii Ayikoi Otoo. Otoo, also a former Ambassador to Canada, argues that the accusations leveled against the EC leadership fail to meet the threshold for dismissal, emphasizing the need to differentiate between pre-appointment pronouncements and actions taken while in office. He contends that personal opinions expressed before assuming a position should not be the basis for removal, especially when those views do not translate into official misconduct during their tenure.
Central to Ofosu-Appiah’s petition is the alleged disenfranchisement of voters in the Santrokofi, Akpafu, Likpe, and Lolobi (SALL) constituencies during the 2020 parliamentary elections. However, Otoo downplays the severity of this issue, asserting that it does not warrant the drastic measure of removing the EC officials. He posits that the petition lacks the necessary weight and that the alleged infractions, even if proven, are not significant enough to justify such a drastic action. His perspective highlights the importance of proportionality in addressing alleged misconduct, suggesting that removal should be reserved for truly egregious violations.
Otoo further bolsters his argument by pointing to the timing of some of the accusations, noting that they relate to statements made before the EC officials assumed their current roles. He cites the example of one deputy accused of making controversial remarks while exercising academic freedom. Otoo argues that youthful pronouncements, even if potentially problematic, should not be held against individuals indefinitely, especially when they demonstrate maturity and growth in subsequent roles. This perspective emphasizes the importance of allowing for personal evolution and not permanently disqualifying individuals from public service based on past expressions, particularly when those expressions fall within the protected realm of academic freedom.
Furthermore, Otoo underscores the principle of focusing on actions taken within the context of official duties. He implies that scrutinizing past statements, especially those made in different capacities, risks creating a chilling effect on free speech and academic discourse. The emphasis should be on the conduct of the EC officials during their tenure, assessing whether they have discharged their duties impartially and in accordance with the law. This approach promotes a more balanced and objective evaluation of performance, preventing undue influence from potentially irrelevant past pronouncements.
Otoo’s dismissal of the petition effectively raises the bar for removal proceedings against public officials. He suggests that removal should be reserved for serious misconduct committed during the official discharge of duties, and not based on pre-appointment expressions or minor procedural lapses. This perspective reinforces the importance of stability and continuity in public institutions, protecting officials from frivolous or politically motivated removal attempts. It ensures that the process of removing officials is grounded in substantial evidence of misconduct rather than personal opinions or past actions unrelated to their current responsibilities.
In conclusion, Otoo’s analysis of the petition against the EC officials underscores the importance of a nuanced approach to evaluating allegations of misconduct. He emphasizes the need to distinguish between pre-appointment pronouncements and official actions, arguing that removal should be reserved for substantial breaches of duty committed while in office. This perspective highlights the importance of proportionality, context, and due process in holding public officials accountable, safeguarding against arbitrary removal based on unsubstantiated claims or past expressions unrelated to their current responsibilities. It sets a higher standard for initiating removal proceedings, promoting stability and continuity in public institutions while still ensuring accountability for actual misconduct.
