Vincent Ekow Assafuah, the Member of Parliament for Old Tafo, has filed a legal challenge at the Supreme Court seeking to block President John Dramani Mahama’s recent suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
The suit follows the President’s April 22 decision to suspend the Chief Justice after concluding that a prima facie case had been established through three separate—yet undisclosed—petitions demanding her removal.
Acting in accordance with Article 146(6) of the 1992 Constitution, the President, after consulting the Council of State, set up a five-member committee to investigate the matter.
However, Assafuah argues that this move is unconstitutional and undermines judicial independence. He claims the President violated the Chief Justice’s right to a fair hearing by initiating the process without first informing her of the petitions and giving her the opportunity to respond, as required under Article 146(6).
In his case against the Attorney General, the MP asserts that a proper reading of Articles 146(1), (2), (4), (6), and (7), in conjunction with Articles 23, 57(3), and 296 of the Constitution, obliges the President to seek the Chief Justice’s comments before engaging the Council of State in any removal process.
Assafuah contends that bypassing this crucial step not only breaches constitutional provisions but also invalidates the entire process. He is therefore seeking, among other things, 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.”
The Attorney General has 14 days to file a response to the suit, after which the Supreme Court will proceed to determine the legal merits of the case.
