Chief Justice must be notified for comments before removal process begins - Fmr. Deputy AG

A former Deputy Attorney General, Alfred Tuah-Yeboah, has made an important point. He stated that Chief Justice Gertrude Torkornoo must be informed about petitions against her. She should also have the chance to respond before any decisions are made under Article 146(3) of the 1992 Constitution.

His remarks follow a lawsuit filed by Godfred Yeboah Dame. He is the former Attorney General and is acting on behalf of Vincent Ekow Assafuah. Assafuah is the Member of Parliament for Old Tafo.

The lawsuit challenges President John Mahama's actions regarding the potential removal of the Chief Justice. It is currently at the Supreme Court.

In an interview on Joy FM's Middaynews, Mr. Tuah-Yeboah explained key points. He said that when assessing a prima facie case against the Chief Justice, consultation with the Council of State is necessary. However, he stressed that she must be notified first and allowed to respond.

He stated, “Before determining a prima facie case, the Chief Justice must be notified.” Her responses should be considered before any decision by the Council of State.

Mr. Tuah-Yeboah noted that while sending petitions to the Council aligns with Supreme Court precedent, there’s a crucial issue. The President and Council cannot decide without notifying the Chief Justice first.

He added, “The Constitution outlines a clear procedure for petitions.” The President can act on them but must allow for a response from the Chief Justice before making further determinations.

On Tuesday, the presidency announced that President John Mahama was consulting with the Council of State. This followed three petitions submitted seeking to remove the Chief Justice.

Assafuah is invoking Article 2(1)(b) of the Constitution in his lawsuit. He seeks multiple declarations about how to properly interpret constitutional provisions related to removing a Chief Justice.