In a throwback to 2018, Ghanaians will remember how Hon. Alexander Afenyo-Markin, then a vocal legal mind and Member of Parliament, passionately defended the removal of former Electoral Commission Chairperson, Charlotte Osei. Speaking on Joy News’ Newsfile, Afenyo-Markin asked pointedly,
“Is it the President that has removed Charlotte Osei or is it an institution that has done its work per the constitution?”
His statement referenced Article 146 of the 1992 Constitution, which provides the legal framework for the removal of heads of independent constitutional bodies.
Charlotte Osei was removed during the tenure of President Nana Addo Dankwa Akufo-Addo after a committee established by the Chief Justice found her guilty of misbehavior and incompetence. Afenyo-Markin insisted then that due process had been followed, and the President’s role was merely administrative—acting on the recommendations of a constitutionally mandated committee.
Fast forward to 2025, and Ghana finds itself in a mirror moment—only this time, the personalities and politics have flipped.
With President John Dramani Mahama back in office and the reported removal of Chief Justice Gertrude Torkornoo making headlines, Hon. Afenyo-Markin is now singing a different tune. Critics have pointed out what they see as a glaring inconsistency in his stance—defending a constitutional removal under his party’s administration, but decrying a similar process under an opposition government.
Observers and legal experts are calling out the MP for what they term “selective constitutionalism.” Social media is awash with clips of his old Newsfile interview being juxtaposed against his recent commentary, igniting public debate about political hypocrisy and the independence of Ghana’s democratic institutions.
As the controversy continues to unfold, one thing remains clear: the constitution is not supposed to change with the colors of the ruling party—and neither should the principles of those who swear to uphold it.
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