You don’t always need a response from CJ over removal process – Kpebu

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

Mr. Kpebu believes there is no legal breach in President John Mahama’s process. He shared his views during an interview on JoyNews' The Pulse on Thursday.

He explained that Article 146(3) of the 1992 Constitution has two stages. First, the President must consult with the Council of State. They determine if there is a basis for setting up a tribunal or committee.

Kpebu noted that forming a five-member tribunal is not automatic. It depends on this initial determination.

“To make that prima facie determination, you don’t always need the Chief Justice's response,” he said.

He provided examples where petitions could be dismissed without input from the Chief Justice. For instance, if a petition is unsigned or lacks the petitioner’s name, it may be deemed defective.

Petitions that are incoherent or filled with insults can also be rejected without consulting the Chief Justice.

“What the President cannot do is find merit in a petition and refuse to hear from the Chief Justice,” he clarified.

Kpebu’s comments respond to former Deputy Attorney General Alfred Tuah-Yeboah. Tuah-Yeboah insisted that Chief Justice Gertrude Torkornoo must be notified before any prima facie determination.

Meanwhile, the Chief Justice has requested copies of petitions submitted to President Mahama regarding her removal. In a letter dated March 27, she asked for access to these documents to respond appropriately.