Vincent Ekow Assafuah, the Member of Parliament for Old Tafo, has filed a lawsuit at the Supreme Court of Ghana to prevent President John Dramani Mahama from starting the process to remove Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
The MP argues that the President’s actions contravene constitutional provisions and pose a threat to judicial independence.
In his lawsuit against the Attorney General, Assafuah asserts that a proper interpretation of Articles 146(1), (2), (4), (6), and (7), as well as Articles 23, 57(3), and 296 of the 1992 Constitution, requires the President to inform the Chief Justice of any petition for her removal and seek her comments before consulting the Council of State.
His argument suggests that failing to follow this procedure amounts to an “unjustified interference” with judicial independence, as protected under Article 127(1) and (2) of the Constitution.
He further asserts that any process initiated without the Chief Justice’s input infringes on her fundamental right to a fair hearing, making the process legally invalid.
Vincent Assafuah is asking the Supreme Court to declare that:
1. The President must notify the Chief Justice and obtain her comments before referring any removal petition to the Council of State.
2. Failing to follow this procedure constitutes an unconstitutional violation of her tenure’s security and judicial independence.
3. Any consultation process initiated without adhering to this procedure should be deemed null, void, and of no effect.
Assafuah’s lawsuit is based on concerns about upholding the rule of law and preventing executive overreach in judicial matters. He argues that allowing the process to continue without the Chief Justice’s input would set a dangerous precedent that could undermine judicial 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 is expected to respond within 14 days, after which the court will decide on the next steps.
Read the full writ below:
