Old Tafo MP Vincent Ekow Assafuah has filed a lawsuit at the Supreme Court, seeking to prevent President John Dramani Mahama from proceeding with the removal process of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
Assafuah argues that the President’s actions violate constitutional provisions and threaten the independence of the judiciary.
In his suit against the Attorney General, he contends that under a proper interpretation of Articles 146(1), (2), (4), (6), and (7), along with Articles 23, 57(3), and 296 of the 1992 Constitution, the President must first notify the Chief Justice about any petition for her removal and obtain her comments before consulting the Council of State.
According to Assafuah, failing to do so constitutes “unjustified interference” with judicial independence, as guaranteed by Article 127(1) and (2). He further asserts that any removal process initiated without the Chief Justice’s input violates her right to a fair hearing and is legally void.
The MP is asking the Supreme Court to declare that:
- The President must first inform the Chief Justice and seek her response before referring a removal petition to the Council of State.
- Any failure to follow this procedure constitutes an unconstitutional breach of judicial independence.
- Any removal process initiated without adhering to this requirement is null and void.
Assafuah frames his lawsuit as a crucial step in safeguarding the rule of law and preventing executive overreach in judicial affairs. He warns that allowing the process to continue without the Chief Justice’s involvement could set a dangerous precedent, weakening the judiciary’s independence.
The Supreme Court’s ruling on this case will have significant implications for the separation of powers and constitutional governance in Ghana.
The Attorney General has 14 days to respond, after which the court will determine the next steps.
