Vincent Ekow Assafuah, the Member of Parliament (MP) for Old Tafo, is challenging the procedure by President John Mahama regarding petitions to remove the Chief Justice, Gertrude Torkonoo, from office.
The case, filed at the Supreme Court by his lawyer, Godfred Dame, invokes the court’s original jurisdiction to interpret constitutional provisions governing the removal process of a Chief Justice.
Assafuah, acting as a concerned citizen under Article 2(1)(b) of the 1992 Constitution, seeks several declarations from the Supreme Court.
The suit argues that according to Articles 146(1), (2), (4), (6), and (7), 23, 57(3), and 296 of the Constitution, the president must notify the Chief Justice and seek comments before initiating consultations with the Council of State on any removal petition.
The lawsuit was filed following an announcement by the presidency that President Mahama was consulting the Council of State after receiving three petitions requesting the removal of the Chief Justice.
Key reliefs sought by Assafuah’s suit include a declaration that the President must notify the Chief Justice before initiating the removal process.
The suit claims that failure to do so is a violation of Article 146(6) and undermines the Chief Justice’s constitutional protection and security of tenure.
The plaintiff argues that such omissions amount to an unjustified interference with the independence of the judiciary, violating Articles 127(1) and (2), which protect the judiciary’s integrity.
Additionally, the suit argues that the President’s failure to obtain the Chief Justice’s comments before triggering the removal process violates the right to a fair hearing, thus invalidating the consultation process.
The Supreme Court is expected to hear the case in the coming weeks.
Meanwhile, the Attorney-General has been given 14 days to respond to the lawsuit after being officially served.
The outcome of this case could have significant implications for the judicial independence of Ghana and the legal framework surrounding the removal of high-ranking judicial officers.
