President can decide prima facie case without Chief Justice’s response – Kpebu

Private legal practitioner Martin Kpebu stated that the President does not need to seek a response from the Chief Justice. This is true before making a prima facie determination on a removal petition.

Kpebu explained this in an interview on JoyNews' The Pulse. He noted that the President can assess whether a petition has merit at the initial stage. However, he emphasized that due process must still be followed.

“The President cannot find merit in a petition and ignore the Chief Justice,” he said. This is especially important before forming a tribunal for further proceedings.

Kpebu's comments follow a letter from the Chief Justice to President John Mahama. In her letter dated March 27, she requested copies of petitions seeking her removal.

She expressed concern about being denied access to these documents. The Presidency confirmed their existence but did not provide them. She argued that constitutional justice requires her to know the allegations and respond.

“It is fundamental that no decision affecting a defendant's rights occurs without notice,” she stated.