The Ghana Bar Association (GBA) has called on those engaged in the Chief Justice’s removal from office, Justice Gertrude Araba Torkonoo, to base their actions on the rule of law.
Efua Ghartey, the GBA’s national president, and Kwaku Gyau Baffour, the organization’s national secretary, signed and released a statement that included this information.
It stated that improving the independence and reputation of the judiciary depended on the utilization of discretion granted under Article 296 of the Constitution of 1992.
“It is expected that persons who play even the minutest role in this process will bear in mind Article 296 of the 1992 Constitution on the exercise of discretion and will act in a manner that safeguards and enhances the independence and image of the judiciary,” the statement added.
As a result, it said that the good people of Ghana are the source of justice, which is carried out by the judiciary under the leadership of the Chief Justice.
According to the GBA, it will fulfill its purpose to “defend, strengthen, and enhance confidence” in Ghana’s justice delivery system.
“The GBA shall remain the conscience of society, the voice of the voiceless, and act to safeguard the Rule of Law and uphold the Constitution of the Republic, which embodies the wishes and aspirations of the people of Ghana.”
In compliance with Article 46(6), President John Dramani Mahama suspended the CJ on Tuesday, April 22.
This came after three petitions against Justice Torkonoo had a prima facie case established.
In exercising his constitutional authority under Article 146(6) of the 1992 Constitution, President Mahama said that the CJ’s suspension was effective immediately.
“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.
In accordance with Article 146(6) of the Constitution and after consulting with the Council of State, the President subsequently formed a committee with the following members to look into the petitions that had been referred to them.
Justice Gabriel Scott Pwamang, a justice of the Supreme Court, chaired the committee, which also included Justice Samuel Kwame Adibu-Asiedu, a justice of the Supreme Court, Daniel Yaw Domelevo, a former general auditor, Major Flora Bazwaanura Dalugo, a member of the Ghanaian military, and Professor James Sefah Dzisah, an associate professor at the University of Ghana.
Meanwhile, Mr. Ekow Vincent Assafuah, the Ashanti Region’s Member of Parliament for the Old Tafo Constituency, has launched a challenge to the procedures involved in the CJ’s removal from office.
The three petitions asking for the Chief Justice’s removal had been sent to the Council of State for advice by President John Dramani Mahama.
However, once the President received advice from the Council of State, Mr. Assafuah filed a case in the highest court, contesting the validity of the procedures.
The legislator argues that before sending the appeal to the Council of State, President John Dramani Mahama was required to inform the Chief Justice about it and get her answer.
As a defendant, Mr. Assafuah joined Dr. Dominic Akurutinga Ayine, the Attorney General and Minister of Justice, who was the government’s primary legal counsel in the case.
Upon a true and proper interpretation of articles 146(1), (2), (4), (6), and (7), 23, 57(3), and 296 of the Constitution, the legislator is requesting a declaration from the highest court that the President was required to inform the Chief Justice of a petition for the Chief Justice’s removal and solicit his or her opinions and responses to the petition’s content before referring the petition to the Council of State or starting the consultation process with the Council of State for the Chief Justice’s removal.
Mr. Assafuah requests that the Supreme Court rule that, in accordance with a true and correct interpretation of Articles 146(1), (2), (4), (6) and (7), 23 and 296 of the Constitution, the President’s failure to notify the Chief Justice and get his or her input and responses to a petition for the Chief Justice’s removal prior to initiating the consultation process with the Council of State is a violation of both Article 146(6) and the constitutional protection of the Chief Justice’s security of tenure as a Justice of the Superior Court of Judicature as stipulated in Article 146(1) of the Constitution.
The Old Tafo MP is once more requesting that the court declare that, in accordance with a true and correct interpretation of articles 146(1), (2), (4), (6), and (7), 23(57(3)), and 296 of the Constitution, the President’s failure to notify the Chief Justice and get his or her input and responses to a petition for the Chief Justice’s removal prior to initiating the consultation process with the Council of State amounts to an unwarranted interference with the independence of the judiciary as guaranteed by articles 127(1) and (2) of the Constitution.
He is also requesting a declaration that the consultation procedures for the removal of the Chief Justice that the President started are void and have no legal force behind them because the President violated the fundamental right to a fair hearing guaranteed by articles 23 and 296 by failing to notify the Chief Justice and get her input and responses to a petition for her removal before starting the removal process.
No petition to remove former Chief Justices has been successful since the 1992 Constitution was ratified.
The first Chief Justice to be fired by Ghana’s first president, Osagyefo Dr. Kwame Nkrumah, was Justice Sir Ako Korsah.
Source: newsthemegh.com