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The Supreme Court of Ghana has indefinitely adjourned the hearing of a critical legal case that questions the constitutionality of the processes used to initiate the potential removal of Chief Justice Gertrude Torkornoo.
The case, brought by Old Tafo Member of Parliament Vincent Ekow Assafuah, was originally scheduled to be heard on Wednesday, April 9, but was delayed due to the unavailability of approximately 50 state attorneys. These attorneys were attending a training session aimed at enhancing their representation of the state at the ECOWAS Court, leading to the adjournment.
As of now, no new date has been set for the case to be heard, and the uncertainty surrounding the hearing raises questions about the next steps in this significant constitutional matter.
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Vincent Ekow Assafuah, a key member of the opposition, filed the suit challenging the legal procedures followed by President John Dramani Mahama in the aftermath of three petitions calling for the removal of Chief Justice Torkornoo. Assafuah is arguing that the Chief Justice’s right to a fair hearing was violated, as the president initiated consultations with the Council of State without giving her the opportunity to respond to the allegations raised in the petitions.
Under Ghana’s 1992 Constitution, specifically Article 146, the process for removing a Justice of the Superior Courts or the Chairman of a Regional Tribunal is clearly outlined. Assafuah argues that this process was not followed correctly, particularly regarding the notification to the Chief Justice prior to the President’s action, which he claims breaches her constitutional right to a fair hearing.
Assafuah, represented by former Attorney-General Godfred Dame, contends that the president must not only inform the chief justice of the petition but also allow her a chance to respond before any consultations with the Council of State take place. His legal team asserts that failure to notify the Chief Justice beforehand undermines the independence of the judiciary and violates her rights.
The heart of the dispute lies in the interpretation of Article 146 of the 1992 Constitution, which governs the removal of judicial officers from office. Specifically, it addresses the removal of the Chief Justice and other Justices of the Superior Courts, establishing the legal framework and the steps that must be followed when such a removal is sought.
Article 146(6) outlines the process for removing a Chief Justice, stating that the President must, after receiving a petition, consult with the Council of State and then appoint a five-member committee to investigate the allegations. This committee must include two justices of the Supreme Court, one of whom must be appointed by the president as the committee’s chair. The other members must be three non-lawyers, appointed by the President on the advice of the Council of State.
The procedure also mandates that the Chief Justice has the right to defend herself during the inquiry, either personally or through legal representation. Furthermore, all proceedings related to the removal process must be held in camera to protect the integrity and confidentiality of the process.
Assafuah’s suit seeks to have the court declare that the president acted prematurely and in violation of the constitution by proceeding with consultations with the Council of State without first notifying the Chief Justice or allowing her the opportunity to respond to the petitions. Legal experts following the case are closely watching how the Supreme Court will interpret the constitutional provisions regarding judicial independence and due process.
While the legal challenge is still pending, the process surrounding the Chief Justice’s removal has continued. Joy News sources have confirmed that, after receiving the petitions, President Mahama did provide Chief Justice Torkornoo with ten days to respond to the allegations. The Chief Justice reportedly complied with this request and submitted her response, allowing the process to move forward.
Despite the ongoing legal proceedings, it appears that the constitutional process is continuing as planned. The next steps will likely involve the formation of the committee to investigate the allegations against the Chief Justice, as outlined in the Constitution.
The case filed by Assafuah has significant legal and political implications for Ghana. It brings into question the balance of power between the executive and the judiciary, as well as the independence of the judiciary in the face of executive action. Legal experts have warned that any misstep in the removal process could have far-reaching consequences for the integrity of the judicial system and the constitutional balance of power.
There is also the political dimension, as the case involves a high-profile member of the opposition challenging the actions of the president and the executive branch. Given the nature of the allegations and the political climate, the case has garnered significant attention both within Ghana and internationally.
In addition to Assafuah’s case, there is also a similar suit before the Supreme Court filed by a private citizen. This parallel case further highlights the growing concerns surrounding the process for the removal of a Chief Justice and the constitutional requirements that must be met.
The increasing public and legal scrutiny of the Chief Justice’s potential removal is also stirring tensions between the executive and the judiciary. Some observers believe that the suit filed by Assafuah could potentially complicate the process, especially if the Supreme Court rules that the president did not follow the proper constitutional procedure.
As the Supreme Court has adjourned the hearing indefinitely, the case’s outcome remains uncertain. Legal analysts are waiting to see whether the court will rule on the constitutionality of the procedures or whether the case will be rendered moot due to the Chief Justice’s response to the petitions.
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