MP Vincent Assafuah sues to stop President Mahama from removing Chief Justice Gertrude Torkornoo

New Patriotic Party Member of Parliament for Old Tafo, Vincent Assafuah, has filed a lawsuit at the Supreme Court questioning the procedure being used to handle three petitions for the removal of the Chief Justice, Her Ladyship Gertrude Torkornoo.

In the view of the plaintiff, who is being represented by Godfred Dame, the former Attorney-General, a Chief Justice ought to be alerted of the petitions to give a response before the President can consult the Council of State on the petitions.

The plaintiff is seeking for a declaration that upon a true and proper interpretation of articles 146(1),(2), (4)(6) and (7), 23, 57(3) and 296 of the Constitution, the President is mandated to notify the Chief Justice about a petition for the removal of the Chief Justice and obtain his or her comments and responses to the content of such petition before referring the petition to the Council of State or commencing the consultation processes with the Council of State for the removal of the Chief Justice.

Additionally, he is praying for a declaration that upon a true and proper interpretation of articles 146(1), (2), (4),(6) and (7), 23 and 296 of the Constitution, a failure by the President to notify the Chief Justice and obtain his or her comments and responses to a petition for the

removal of the Chief Justice before triggering the consultation process with the Council of State constitutes a violation of article 146(6) as well as the constitutional protection of the security of tenure of the Chief Justice who is a Justice of the Superior Court of Judicature stipulated in article 146(1) of the Constitution.

It would be recalled that the Minister for Government Communications, Felix Kwakye Ofosu, confirmed that the three petitions have been forwarded to the Council of State in line with Article 146 of the 1992 Constitution.

While the specific grounds for the petitions remain undisclosed, the process marks the first step in a constitutional procedure that could lead to significant changes in Ghana’s judiciary.

By Edem Mensah-Tsotorme