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Mr.Musah Ibrahim Mohammed Nweinyimbu, a level 300 Environmental Health and Sanitation
Education student of Akenten Appiah-Menka University of Skills Training and Entrepreneurial Development ,Asante Mampong Campus in the Ashanti Region has petitioned the Judicial Court of Judicature in the Judicial Board of Students’ Representative Council of their institution to invoke the removal of the SRC Electoral Commissioner Mr.Afful Davidson Brew as the Chairman of the SRC Electoral Commission.
According to him,as a student and citizen of Ghana who believes in the rule of law, the 1992
Constitution and the laws of Ghana as enshrined in Article 1 clause (1) and (2), Article 2 clause (1) section (a) and (b) of the 1992 Constitution. These laws of the land serve as an inspiration for any other law in the country.
He said ,the UEW SRC Constitution Adapted and Adopted for usage by AAMUSTED SRC herein referred to as AAMUSTED SRC Constitution is not an exemption as affirmed in Article 2 clause (3) of the AAMUSTED SRC Constitution.
Read Full Statement:
STATEMENT OF CLAIMS
Pursuant to Article 2(1) and Article 3(2) of the 1992 Constitution of Ghana and in TANDEM with
Article 22(1) section (i)(ii) subsection (a) and (b) respectively of the AAMUSTED SRC
Constitution, I hereby write to your honorable office to invoke ARTICLE 22(1)(i)(ii)(a) and (b) against the actions and inactions of THE ELECTORAL COMMISSIONER (AFFUL
DAVIDSON BREW). Your Lordships, the actions and inactions of AFFUL DAVIDSON BREW is contrary to the function and duties of the Electoral Commission which serves as an independent body to organize and supervise the upcoming 2022/2023 SRC general election.
The violation of EXECUTIVE OFFICERS OATH, OATH OF SECRECY and OATH OF
ALLEGIANCE in the constitution by the Chairman of the Commission (AFFUL DAVIDSON BREW) is my major priority as a concerned student who need to protect and defend the SRC constitution. The Chairman of the Commission has violated and undermined the Electoral Commission’s rules of the SRC
CONSTITUTION. My decision is to use this path of rule of law, justice and a civil duty to protect the SRC constitution and the democratic dispensation of the larger society which is based on the revelations from a hopeful aspirant (GIDEON OSEI OFORI) on The 17th July, 2022 at exactly 8:07pm to 8:12pm.
Your Lordships, I MUSAH IBRAHIM MOHAMMED NWEINYIMBU herein make the following counts,
1. The Chairman of the Commission (AFFUL DAVIDSON BREW) has violated the commission’s code of ethics, the electoral processes and procedures by asking a hopeful aspirant to step down from contesting the treasurership position of the Local NUGS to contest for a different portfolio.
2. The Chairman of the Commission (AFFUL DAVIDSON BREW) has exhibited a Conflict of Interest by being an Administrator of a WhatsApp Campaign Platform for a hopeful aspirant (JOYCE OSEI OWUSU).
3. The Chairman of the Commission (AFFUL DAVIDSON BREW) has violated The Executive Officers Oath, The Oath of Secrecy and the Oath of Allegiance and therefore has caused a series of psychological effect among aspirants and the entire student populace.
4. The Chairman of the Commission (AFFUL DAVIDSON BREW) has put the Electoral Commission’s image into disrepute and has discredited the activities and values of both the SRC and the electoral commission.
5. The actions and inactions of the Chairman of the Commission (AFFUL DAVIDSON BREW) is inimical to the development and interest of the students’ body as stated in the SRC constitution.
RELIEFS
I MUSAH IBRAHIM MOHAMMED NWEINYIMBU, believe strongly in the rule of law, the 1992
Constitution of Ghana pursuant to Article 2(1), Article 3(2) and the impartiality of this Judicial Board. Therefore, I humbly pray to your Lordships, to grant the following reliefs below, having the trust and confidence in the Judicial Board,
1. That the Respondent should be removed from Office on the grounds of ARTICLE (22) of the SRC constitution immediately after the determination of the case.
2. That the Chairman of the Commission (AFFUL DAVIDSON BREW) reasonably compensates the
3. Petitioner for upholding and defending the spirit of the SRC constitution with his personal resources and limited time.
4. And any other reliefs that the Judicial Board may deem fit.
Your Lordships, I believe that where the rule of law and spirit is regarded supreme, there is progress and prosperity. In the absence of same is travesty of justice and associated repercussions that have the propensity to make the growth of society stagnant and by extension, retrogressive.
For the Principle of Rule of Law, confidence, and Integrity of the Judicial Board ought not to be at stake, I am of a firm conviction that, the Judicial Board will consider this petition and give it the necessary attention it deserves.
PRELIMINARY LEGAL ISSUES
Pursuant to High Court (Civil Procedures) Rules, 2004 C.I 41, the petitioner makes emphasis on the preliminary legal matters below that;
1. The respondent put on hold his position as the SRC Electoral Commissioner until final determination of the matter.
2. The respondent does not attend any meeting in the capacity as the SRC Electoral Commissioner until final determination of the matter.
3. The respondent does not take any allowance as SRC Electoral Commissioner until final determination of the case before this honorable court.
4. Any other decision the court may deem fit.
WITNESS
Please take notice that the petitioner intends to call 2 witnesses.
EVIDENCE
Please take notice that the petitioner intends to tender in seven documents in evidence marked as exhibit EV 01, EV 02, EV 03, EV 04, EV 05, EV 06, EV 07.
LIST OF AUTHORITIES
1. The 1992 Constitution of Ghana.
2. The adopted UEW SRC Constitution used by AAMUSTED.
3. EVIDENCE ACT, 1975.
4. High Court (Civil Procedures) Rules, 2004 C.I 41
Signed on this day of 2nd August, 2022
MUSAH IBRAHIM MOHAMMED NWEINYIMBU
PETITIONER
(0540429652)
EMMANUEL OBENG DARKO
LEAD COUNSEL
(0545903039)
AHMED BASHIRU
CO COUNCIL
(0246412355) Cc:
The College Registrar
The Vice Dean of Students’ Affairs
The SRC President
All student notice boards
