Lawsuit challenges Mahama’s consultation process to remove CJ

A lawsuit has been filed at the Supreme Court challenging the procedures followed by President John Mahama in forwarding three petitions requesting the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from office.

MP seeks nullification of consultation process
The Member of Parliament for Old Tafo in the Ashanti Region, Vincent Ekow Assafuah, who filed the suit, is urging the Supreme Court to declare the consultation process initiated by the President as null and void.
According to the MP, the President’s failure to properly consult the Chief Justice before forwarding the petitions to the Council of State constitutes a breach of constitutional provisions.
The MP argues that the President is required to notify the Chief Justice about any petition for her removal and obtain her comments and responses before referring the matter to the Council of State.
He contends that the omission of this step violates the security of tenure of the Chief Justice, a principle enshrined in Article 146(1) of the 1992 Constitution.

allegations of judicial interference
Assafuah further asserts that the President’s failure to notify the Chief Justice before triggering the consultation process undermines judicial independence and constitutes a violation of the fundamental right to a fair hearing.
He is therefore asking the Supreme Court to declare the entire consultation process invalid.

Government defends president’s actions
In response, Minister for Government Communications, Felix Kwakye Ofosu, issued a statement confirming that the President had forwarded the petitions to the Council of State in accordance with Article 146 of the Constitution.
The government maintains that the move is legally sound and consistent with constitutional provisions.
However, critics argue that the Chief Justice was not given prior notice of the petitions, raising concerns that the government may be attempting to manipulate the process for political reasons rather than legal merit.

Tensions between Mahama and Judiciary
This legal challenge comes amid longstanding tensions between President Mahama and the judiciary.
In 2022, before assuming office, Mahama criticized the judiciary and called for the removal of the Chief Justice, arguing that it would take new leadership to restore public confidence in Ghana’s judicial system.
Observers believe that this lawsuit could set a significant precedent regarding the executive’s power in relation to judicial appointments and removals.
The Supreme Court is expected to rule on the matter in the coming weeks, with the outcome potentially reshaping the balance of power between the executive and judiciary in Ghana’s constitutional framework.