Kwame Ofosu-Appiah, the concerned Ghanaian citizen who has formally petitioned the president for the removal of the Electoral Commission (EC) Chair, Jean Mensa, and her deputies says the EC’s use of discretion to prevent residents of Santrokofi, Akpafu, Likpe, and Lolobi (SALL) from voting in parliamentary elections during the 2020 general elections was unconstitutional and unjustifiable.

In an appearance on Joy News’ PM Express on Monday, January 27, he argued that at the core of his petition lies the EC’s decision, communicated just seven hours before the 2020 polls, to bar SALL residents from voting for a parliamentary representative.

Mr Ofosu-Appiah described the decision as “a breach of the fundamental human rights” guaranteed under Article 42 of Ghana’s Constitution, which grants every citizen aged 18 and above the right to vote.

“There’s nothing like discretionary powers when it comes to fundamental rights. The Constitution is supreme, and Article 42 explicitly states that every citizen of sound mind is entitled to vote. But what did we see? The EC acted in violation of this,” Ofosu-Appiah stated.

He further criticised the timing and rationale behind the EC’s actions.

“Can you imagine? On the eve of the election, just seven hours before voting, the EC issued a communique telling these people they could not vote for a parliamentary candidate.

"Is that how a competent body operates? They had four years to prepare. They should have foreseen these issues and fixed them.”

Mr Ofosu-Appiah’s petition combines two primary accusations: breach of the constitutional right to vote and incompetence on the part of the EC.

“This is not just about incompetence; it’s about fundamental human rights. And if we allow this to go unchallenged, anyone can come in and use discretion to disenfranchise people without consequence,” he argued passionately.

He also pointed out the long-term implications of the EC’s decision, noting that the people of SALL went without parliamentary representation for four years.

“For an entire term of Parliament, these citizens had no representative. How is that acceptable in a democracy? This is why I triggered Article 146 of the Constitution. Someone has to take action. If I don’t, who will?”

Mr Ofosu-Appiah highlighted that while the EC provided reasons for its decision, these were “insufficient” and did not justify the harm caused.

“The reasons they gave don’t hold water. They had ample time to address these issues before the election. Instead, they waited until the last moment to disenfranchise an entire community.”

The petitioner also cited previous efforts by individuals like Franklin Cudjoe to seek redress through the courts, which he claimed yielded little results.

“They went to the Supreme Court, only to be told to go to the High Court. It’s a merry-go-round with no resolution. That’s why I felt compelled to act as a citizen.”