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Vincent Ekow Assafuah, the Member of Parliament for Old Tafo, has filed a lawsuit at the Supreme Court of Ghana seeking to stop President John Dramani Mahama from initiating the removal process of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
The MP argues that the President’s actions violate constitutional provisions and threaten judicial independence.
Assafuah, in his suit against the Attorney General, contends that under a correct interpretation of Articles 146(1), (2), (4), (6), and (7), along with Articles 23, 57(3), and 296 of the 1992 Constitution, the President is required to notify the Chief Justice about any petition for her removal and obtain her comments before consulting the Council of State.
His argument suggests that failing to do so constitutes an “unjustified interference” with judicial independence as enshrined in Article 127(1) and (2) of the Constitution.
He further claims that any process initiated without the Chief Justice’s input violates her fundamental right to a fair hearing and renders the process legally void.
The President must first notify the Chief Justice and obtain her comments before referring any removal petition to the Council of State.
Failing to follow this procedure amounts to an unconstitutional violation of her tenure’s security and judicial independence.
Any consultation process started without adhering to this procedure should be considered null, void, and of no effect.
Assafuah’s suit is rooted in concerns about upholding the rule of law and preventing executive overreach in judicial matters. He argues that allowing the process to proceed without the Chief Justice’s input sets a dangerous precedent that could weaken judicial independence.
The Supreme Court’s ruling on this matter will have far-reaching implications for the separation of powers and constitutional governance in Ghana.
The Attorney General is expected to respond within 14 days, after which the court will determine the way forward.
Read the full writ below:
