Ghana: Pres Mahama Suspends Chief Justice

President John Dramani Mahama has, in accordance with Article 146(6) of the 1992 Constitution, suspended the Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo.

This was after a prima facie case had been established in respect of three petitions against Justice Torkonoo.

This was contained in a statement signed and issued by Mr Felix Ofosu Kwakye, Spokesperson to the President, and Minister of Government Communications.

President Mahama, in exercising his constitutional right pursuant to article 146(6) of the 1992 Constitution, said the suspension of the CJ took immediate effect.

"Pursuant to Article 146(10) of the constitution and in accordance with the advice of the Council of State, the President has by a warrant, suspended the Chief Justice with immediate effect pending the outcome of the committee's proceedings," the statement said.

The President had consequently, established a committee in compliance with Article 146(6) of the Constitution and in consultation with the Council of State with the following composition to inquire into the petitions which have been referred to them.

The committee has Justice Gabriel Scott Pwamang, Justice of the Supreme Court as chairman with Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court, Daniel Yaw Domelevo (Former Auditor-General), Major Flora Bazwaanura Dalugo (Ghana Armed Forces), and Professor James Sefah Dzisah (Associate Professor, University of Ghana) as members.

Meanwhile, the Member of Parliament for Old Tafo Constituency in the Ashanti Region, Mr Ekow Vincent Assafuah, has filed an action to challenge the processes seeking the removal of the CJ from office.

President John Dramani Mahama had referred the three petitions seeking the removal of the Chief Justice to the Council of State for advice.

But even before the Council of State had advised the President, Mr Assafuah initiated an action at the apex court, challenging the constitutionality of the processes.

The lawmaker contends that President John Dramani Mahama was mandated to notify the Chief Justice about the petition for her removal and obtain her response before referring the petition to the Council of State.

Mr Assafuah joined the Attorney General and Minister of Justice, Dr Dominic Akurutinga Ayine, the government's principal legal advisor, to the suit as a defendant.

The legislator is praying the apex court for a declaration that upon a true and proper interpretation of articles 146(1), (2), (4),(6) and (7), 23, 57(3) and 296 of the Constitution, the President was mandated to notify the Chief Justice about a petition for the removal of the Chief Justice and obtain his or her comments and responses to the content of such petition before referring the petition to the Council of State or commencing the consultation processes with the Council of State for the removal of the Chief Justice.

Mr Assafuah wants the Supreme Court to declare that upon a true and proper interpretation of articles 146(1), (2), (4),

(6) and (7), 23 and 296 of the Constitution, a failure by the President to notify the Chief Justice and obtain his or her comments and responses to a petition for the removal of the Chief Justice before triggering the consultation process with the Council of State constitutes a violation of article 146(6) as well as the constitutional protection of the security of tenure of the Chief Justice who is a Justice of the Superior Court of Judicature stipulated in article 146(1) of the Constitution.

The Old Tafo MP is again asking the court for a declaration that upon a true and proper interpretation of articles 146(1), (2), (4),(6) and (7), 23(57(3) and 296 of the Constitution, a failure by the President to notify the Chief Justice and obtain his or her comments and responses to a petition for the removal of the Chief Justice before triggering the consultation process with the Council of State amounts to an unjustified interference with the independence of the Judiciary enshrined in article 127(1) and (2) of the Constitution.

He is further seeking a declaration that the failure by the President to notify the Chief Justice and obtain her comments and responses to a petition for the removal of the Chief Justice before triggering the process for her removal, constitutes a violation of the fundamental right to a fair hearing contained in articles 23 and 296, and renders the consultation processes for the removal of the Chief Justice initiated by the President null, void and of no effect.

Since the coming of the 1992 Constitution, no petition for the removal of previous Chief Justices were successful.

Justice Sir Ako Korsah was the first Chief Justice sacked by Ghana's first President, Osagyefo Dr Kwame Nkrumah.

The original article appeared on Ghanaian Times.