Former Deputy Attorney General Alfred Tuah-Yeboah has stressed that Chief Justice Gertrude Torkornoo must be notified and allowed to respond to petitions against her before any determination is made under Article 146(3) of the 1992 Constitution.
His remarks follow a lawsuit filed by former Attorney General Godfred Yeboah Dame on behalf of Old Tafo MP Vincent Ekow Assafuah, challenging the procedural legality of President John Mahama’s actions regarding the potential removal of the Chief Justice.
Speaking on Joy FM’s Midday News on Thursday, March 27, Tuah-Yeboah explained that while the President is required to consult the Council of State when assessing a prima facie case, the Chief Justice must first be given an opportunity to respond.
“The argument is that before the prima facie case is determined, the subject of that determination—that is, the Chief Justice—must be notified, and her responses must be elicited before the Council of State can make a determination,” he said.
He acknowledged that forwarding petitions to the Council of State aligns with Supreme Court precedent but questioned whether the President and the Council of State could proceed without first notifying the Chief Justice.
“You may receive letters and choose not to respond, but when it comes to petitions, with all due respect, the Constitution provides a clear procedure. The President acts upon the petition, but before making a determination, the Chief Justice must be given the opportunity to respond. That is the crux of the lawsuit filed by the Honorable Member of Parliament,” he added.
On Tuesday, the presidency announced that President Mahama was consulting the Council of State following three petitions submitted to his office seeking the removal of the Chief Justice.
However, Assafuah, invoking the Supreme Court’s original jurisdiction under Article 2(1)(b) of the Constitution, is seeking multiple declarations on the proper interpretation of constitutional provisions governing the removal of a Chief Justice.
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