NDC MP: Petition to prosecute Charlotte Osei is right but…

Source: Ghana| Myjoyonline.com| Oswald K Azumah| [email protected]

The Tamale Central Member of Parliament has argued that it is not out of order to push for the prosecution of sacked Electoral Commission boss, Charlotte Osei.

Inusah Fuseini said the findings of judicial committee and subsequent recommendations for removal of Mrs Osei do not in away way absolve her from criminality.

“The fact that you have been removed does not exonerate you from committing offence,” he told Evans Mensah on Newsfile on the Joy News channel on MultiTV Saturday.

He added that the petitioners who pushed for the impeachment of Mrs Osei are not out of order in their quest to petition the Special Prosecutor to commence criminal prosecution against the sacked EC boss.

Related: EC staff want Charlotte Osei prosecuted

“They can go, it is a logical extension of the process,” he argued.

Newsfile Inusah                                                              Tamale Central MP, Inusah Fuseini says it’s a logical conclusion to ask for investigation and prosecution of Charlotte Osei

The National Democratic Congress (NDC) stalwart however, added that his comments do not in way support what has taken place [impeachment of Mrs Osei] but merely a statement of the facts as presented.

Private Legal Practitioner, Martin Kpebu who was also on the show disagreed with the argument to prosecute Mrs Osei outright.

He argued that it is not worthwhile to prosecute Mrs Osei unless the state can prove that the procurement breaches she was cited for, have indeed caused financial loss to the state.

“The prosecution is not necessary unless we establish that we lost so much,” Mr Kpebu said.

He however, added that it is worth investigating whether or not there was value for money.

Mr Kpebu also argued that it has been established that Charlotte Osei broke the law and it is in place that she be asked to step aside from the elections management body.

Newsfile Kpebu                                                                      Martin Kpebu

Question on legality

The Tamale Central MP, Inusah Fuseini raised a legal question on whether the process used to impeach the EC boss was actually right.

He said that Article 146 of the 1992 Constitution where the powers were drawn to remove Mrs Charlotte, only stated removal of Justices of the Superior Courts and Chairpersons of Regional Tribunals.

According to Mr Fuseini, the fact that the same constitution provides that the conditions of service of the EC boss are the same as a Justice of the Court of Appeal does not make the EC boss a Justice of Superior Court.

Meanwhile, Veteran journalist Abdul Malik Kweku Baako has headed to the Supreme Court to question the impeachment of Charlotte Osei.

Among the reliefs he is seeking is a declaration that upon a true and proper construction of Article 146 (1) of the 1992 Constitution, a petition for the removal of the chairperson of the EC, pursuant to the provisions of Article 146, was only valid if such a petition alleged stated misbehaviour or incompetence relating to the performance of the core constitutional functions of the chairperson of the EC.

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