Lawyers for the embattled Deputy Chairperson of the Electoral Commission (EC) of Ghana in charge of Corporate Services, Ms. Georgina Opoku Amankwaah, has written to the Economic and Organized Crime Office (EOCO), informing them that they have advised their client to resume work immediately.
This is in spite of the forced leave slapped on the deputy EC boss by the investigative agency.
The lawyers led by K. A. Asante Krobea, are insisting that with the setting up of the Chief Justice’s Committee following the petition to the President, Nana Addo Dankwa Akufo-Addo, the EOCO has no basis to insist that the deputy EC Chairperson should still stay at home.
The lawyers, in their letter dated January 2, 2018, and captioned ‘Endowment Fund Investigation Resumption of Official Duty Our Client: Georgina Opoku Amankwaah (Ms), a copy which has been sighted by Kasapafmonline.com, contend that once the President has not suspended the deputy EC chair based on Article 146 (10) of the 1992 Constitution, it was proper and fair for her to resume work.
The Chief of Staff, Chief Justice, Attorney-General, Senior Minister and Chairman of the Council of State were all served copies of the letter addressed to the EOCO.
Article 146 (10) of the 1992 Constitution states that “Where a petition has been referred to a committee under this article, the President may –
(a) in the case of the Chief Justice, acting in accordance with the advice of the Council of State, by warrant signed by him, suspend the Chief Justice,
(b) in the case of any other Justice of a Superior court or of any Chairman of a Regional Tribunal, acting in accordance with the advice of the Judicial Council, suspend that Justice or that Chairman of a Regional Tribunal.
Ms. Georgina Opoku Amankwaah per the position she is occupying, has the same terms and conditions of service as are applicable to an Appeals Court Judge, according to the 1992 Constitution.
The lawyers are therefore advising the deputy EC Chairperson to immediately resume work and are daring anybody to stop her from working.
However, the EOCO is insisting that investigations are still ongoing and that Ms. Opoku Amankwaah’s forced leave should continue until the Attorney-General responds to the report that they have submitted to her office.
In a response letter dated January 8, 2018, and signed by the Acting Executive Director, ACP K. K. Amoah (Rtd), the EOCO advised Ms. Opoku Amankwaah to exercise restraint and follow due process.
“Investigation is said to be complete when an advice is received from the Attorney-General’s Department. Your client and others are not on leave because of the petition before Her Ladyship, the Chief Justice. You will do your client good service if you patiently wait for the advice from the Attorney-General’s Office. Let’s follow due process”, the response letter from the EOCO in part read.
The election management body is currently on break and will be resuming on Monday, January 15, 2018.