By: Franklin ASARE-DONKOH
Ghana’s apex court, the Supreme Court (SC), has adjourned indefinitely a suit filed by Old Tafo Member of Parliament (MP), Mr. Vincent Ekow Assafuah, challenging the process to remove Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from office.
The case, scheduled for hearing on Wednesday, April 9, 2025, was adjourned due to the absence of some 50 State Attorneys who were attending a training session aimed at enhancing their ability to represent the State at the ECOWAS Court.
Mr. Assafuah is seeking a declaration that the Chief Justice must be allowed to respond to the allegations before the President can initiate consultations with the Council of State under Article 146(6) of the 1992 Constitution.
Represented by former Attorney-General Godfred Yeboah Dame, Mr. Assafuah argues that failing to notify the Chief Justice beforehand violates her right to a fair hearing and undermines judicial independence.
There is also a similar suit before the Supreme Court filed by a private citizen.
The Court was expected to rule on whether the President’s actions comply with the constitutional provisions regarding the removal of a sitting Chief Justice.
As it stands, it is unclear when the hearing will resume, as no new date has been announced.
The suit challenges the constitutional procedure followed by President John Mahama after receiving three petitions calling for the Chief Justice’s removal.
Below are the processes for the removal of Justices of the Superior Courts and Chairmen of Regional Tribunals according to Article 146 of the 1992 Republican Constitution of Ghana
1) A Justice of the Superior Court or a Chairman of a Regional Tribunal shall not be removed from office except for stated misbehaviour or incompetence or on the ground of inability to perform the functions of his office arising from infirmity of Body or mind.
(2) A Justice of the Superior Court of Judicature or a Chairman of a Regional Tribunal may only be removed in accordance with the procedure specified in this article.
(3) If the President receives a petition for the removal of a Justice of a Superior Court other than the Chief Justice or for the removal of the Chairman of a Regional Tribunal, he shall refer the petition to the Chief Justice, who shall determine whether there is a prima facie case.
(4) Where the Chief Justice decides that there is a prima facie case, he shall set up a committee consisting of three Justices of the Superior Courts or Chairmen of the Regional Tribunals or both, appointed by the Judicial Council and two other persons who are not members of the Council of State, nor members of Parliament, nor lawyers, and who shall be appointed by the Chief Justice on the advice of the Council of State.
(5) The committee appointed under clause (4) of this article shall investigate the complaint and shall make its recommendations to the Chief Justice, who shall forward them to the President.
(6) Where the petition is for the removal of the Chief Justice, the President shall, acting in consultation with the Council of State, appoint a committee consisting of two Justices of the Supreme Court, one of whom shall be appointed chairman by the President, and three other persons who are not members of the Council of State, nor members of Parliament, nor lawyers.
(7) The committee appointed under clause (6) of this article shall inquire into the petition and recommend to the President whether the Chief Justice ought to be removed from office.
(8) All proceedings under this article shall be held in camera, and the Justice or Chairman against whom the petition is made is entitled to be heard in his defence by himself or by a lawyer or other expert of his choice.
(9) The President shall, in each case, act in accordance with the recommendations of the committee.
(10) Where a petition has been referred to a committee under this article, the President may-
(a) In the case of the Chief Justice, acting in accordance with the advice of the Council of State, by warrant signed by him, suspend the Chief Justice;
(b) In the case of any other Justice of a Superior Court or of a Chairman of a Regional Tribunal, acting in accordance with the advice of the Judicial Council, suspend that Justice or that Chairman of a Regional Tribunal.
(11) The President may, at any time, revoke a suspension under this article.
