Vincent Ekow Assafuah, the Member of Parliament for Old Tafo, has filed a new lawsuit at the Supreme Court challenging President John Dramani Mahama’s suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
The President suspended the Chief Justice on April 22, after determining a prima facie case based on three undisclosed petitions seeking her removal.
Acting under Article 146(6) of the 1992 Constitution, President Mahama, in consultation with the Council of State, established a five-member committee to investigate the matter.
However, in his legal action, the MP argues that the President’s decision violated constitutional provisions and undermined judicial independence.
He asserts that Chief Justice Torkornoo was not given the opportunity to respond to the allegations prior to the President’s consultation with the Council of State, which he contends is a breach of Article 146(6).
According to Assafuah, a proper reading of Articles 146(1), (2), (4), (6), and (7), along with Articles 23, 57(3), and 296 of the Constitution, requires the President to inform the Chief Justice of any petition against her and seek her comments before initiating any removal proceedings.
He is seeking, among other reliefs, a declaration from the Supreme Court that the President’s failure to notify and obtain the Chief Justice’s input violates her right to a fair hearing. He further argues that this renders the entire process legally null and void.
The suit names the Attorney General as the respondent, who is expected to file a response within 14 days. The Supreme Court will then determine the next steps in the matter.
