President’s discretion is checked – Mahama Ayariga defends CJ suspension procedure

Majority Leader Mahama Ayariga has defended the President's power to suspend a Chief Justice. He cited Article 146(10)(a) and stated that this process is not arbitrary.

In a statement on April 30, 2025, he explained that the President acts based on advice from the Council of State. This connection addresses concerns about personal bias or impulsiveness.

“There is no unchecked discretion here,” he emphasized. The President must follow the Council of State's advice when suspending a Chief Justice.

Mr. Ayariga responded to public concerns and criticism from legal experts and the Ghana Bar Association (GBA). He argued that the constitution includes safeguards against potential abuse of executive power.

He pointed out that Article 296(a) requires fairness and transparency, which is ensured by involving the Council of State.

“The worries about a President’s possible bias are addressed by this mechanism,” he said.

The Majority Leader also questioned those who challenge the President's authority. He noted that similar powers held by the Chief Justice have not faced equal scrutiny.

Referring to Article 159, he mentioned that the Chief Justice can enact regulations with presidential approval and Judicial Council advice. Yet, the GBA has not demanded clarity on how this discretion should be used.

“That’s because they know it is well checked,” Mr. Ayariga argued.

In conclusion, he warned against misrepresenting constitutional processes. He reminded everyone that terms like “stated misbehaviour” are defined case-by-case by the Article 146 Committee.

He insisted that these definitions were intentionally left to the Committee's discretion.

“I have not yet seen their meanings,” he said, “because it’s up to the Committee to determine them.”