L-R: Inusah Fuseini, Charlotte Osei and Justice Paul Baffoe-Bonnie
A former Member of Parliament for Tamale Central and legal practitioner, Inusah Abdulai Bistav Fuseini, has asserted that former Electoral Commission Chairperson, Charlotte Osei, would likely not have been removed from office if Justice Paul Baffoe-Bonnie had been Chief Justice at the time her case was determined.
His comments follow the dismissal of petitions filed against the current Electoral Commission leadership, a decision Fuseini says reflects a stronger institutional protection approach to governance.
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“… Now, today, by the judgment of or by the decision of Justice Baffoe-Bonnie, it appears to me that that threshold was a lower threshold, and probably if Justice Baffoe-Bonnie were sitting at that time as a Chief Justice, Charlotte Osei would not have gone home because, again, institutionally, he would have protected that institution, particularly when his threshold is not breaches of statute,” he said on JoyNews on February 21, 2026.
Speaking on the implications of the decision, Fuseini said he interprets the ruling as an effort to strengthen governance institutions and shield public office holders from undue pressure.
He added that he views Baffoe-Bonnie as an institutionalist committed to ensuring that occupants of key offices are not subjected to what he described as “the whims and caprices” of individuals.
“The only reason why I say that the decision is a decision that seeks to establish institutions of governance is that I see Baffoe-Bonnie as an institutionalist.
“From this finding, I see him more directed towards creating powerful governance institutions for this country and making sure that people who occupy those institutions are not subjected to the whims and caprices of other Ghanaians to make them very unstable,” he added.
Despite acknowledging the institutional implications of the decision, Fuseini expressed reservations about what he sees as a departure from established jurisprudential principles.
According to him, consistency remains a cornerstone of legal interpretation, particularly where precedent exists in constitutional and electoral matters.
“The second issue I have with it is that consistency is a virtue in jurisprudence and that’s why we have precedent,” he indicated.
Inusah Fuseini referenced past constitutional practices where breaches of statutory provisions, including procurement laws, were considered sufficient grounds to meet the constitutional threshold for incompetence under Article 146(1).
He suggested that the latest decision appears to set a higher threshold for determining misconduct or incompetence.
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“Never mind that he didn’t set the first precedent. There is precedent in electoral practice and constitutional practice that once upon a time, breaches of an act of parliament, the procurement act of parliament was held to be enough to meet the threshold of article 146 (1) of the constitution, incompetence,” he concluded.
MAG/AE
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