Allegations against Jean Mensah don’t meet the criteria for removal : Ayikoi Otoo

Former Attorney General Ayikoi Otoo has weighed in on the petition filed by Kwame Ofosu-Appiah seeking the removal of Electoral Commission (EC) Chairperson Jean Mensa and her deputies.

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Speaking on Joy News’ PM Express on Monday, he argued that the allegations against the EC leadership are not strong enough to warrant their dismissal, emphasising the need to distinguish between personal opinions expressed before assuming office and their official conduct while in office.

Reacting to Mr Ofosu-Appiah’s claims that the EC used its discretion to disenfranchise residents of Santrokofi, Akpafu, Likpe, and Lolobi (SALL) in the 2020 parliamentary elections, Ayikoi Otoo said, “I have looked at it, and they do not think that they meet the very serious issues that one would want to look at when we want to remove the EC. I don’t see any of those things as very serious.”

He pointed out that some of the claims against the EC officials stem from statements or actions they made before taking office.

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“In your intro, you said that the things one of the deputies was alleged to have said were when he was exercising his academic freedom. You know, young men can take to doing all sorts of things, such as even experimenting with drugs. And then they grow up, they wean themselves off those things. They realize that it’s not the best. I mean, these are not things that ought to have engaged themselves. It doesn’t mean that they are forever barred from holding office or doing anything,” he stated.

Ayikoi Otoo likened such situations to individuals who express personal opinions before assuming sensitive positions, such as judges.

“Before he became a judge, he was a free individual. Now that he has become a judge and taken the oath, he says, ‘Look, I’m bound by my oath, and nobody can influence me. This is my decision.

“This is what I want to do.’ So, the things he said when exercising academic freedom, I think we should forget about it and concentrate on what they have done since they came to office.”

The former Attorney General also emphasized that the Chief Justice is the appropriate authority to determine whether the issues raised in the petition meet the threshold for removal.

“It is for the CJ to determine whether it can be said to be of any weight. From where I sit, I don’t see anything weighty enough to justify their removal,” he said.

On the disenfranchisement of SALL residents, Ayikoi Otoo acknowledged the frustration but maintained that the issue must be assessed within the broader context of administrative decisions.

He cautioned against using isolated incidents to conclude incompetence or misconduct.

“These are serious constitutional matters, and while people are entitled to seek redress, we must be careful not to rush into conclusions that undermine institutions,” he said.