Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has described as “dead on arrival” the application filed at the Supreme Court challenging the procedural legality of President John Mahama’s actions regarding the potential removal of the Chief Justice.
Speaking in an interview on Adom FM’s Dwaso Nsem, he argued that the Supreme Court has no jurisdiction over the matter, as there are clear constitutional procedures to follow.
“The law doesn’t say people should rush to court when such petitions come up. The Supreme Court has no say in this matter, so the writ filed is dead on arrival and will have no effect,” he stated.
The legal practitioner also expressed concerns that the attempt to remove the Chief Justice was politically motivated.
“It seems because the NDC is now in government, they can no longer work with an NPP-appointed Chief Justice. But the law says he or she is an appointee of the constitution, and that is where the loyalty lies,” he said.
He urged President Mahama to maintain a firm stance as the father of the nation and not succumb to political pressure.
“This must be a litmus test for President Mahama. He must prove to Ghanaians that he is a father of all and not just a leader of the NDC. The Chief Justice is neither for the NPP nor the NDC but for the Republic of Ghana,” he added.
The immediate past Attorney General, Godfred Yeboah Dame, on Thursday filed a lawsuit on behalf of Old Tafo MP Vincent Ekow Assafuah against the Attorney-General, Dr. Dominic Ayine.
The suit challenges the procedural legality of President Mahama’s actions regarding the potential removal of Chief Justice Gertrude Torkonoo following the receipt of three petitions.
Mr. 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.
Meanwhile, the Supreme Court has set April 2, 2025, for the hearing of the application.
In the meantime, Chief Justice Torkonoo has written to the President, with copies sent to other stakeholders, requesting copies of the three petitions.
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