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27th March 2025 12:42:13 PM
2 mins readBy: Andy Ogbarmey-Tettey
Old Tafo Member of Parliament Vincent Ekow Assafuah has filed a lawsuit at the Supreme Court, challenging the procedural legitimacy of President John Mahama’s actions regarding the possible removal of the Chief Justice.
The suit, filed through his legal counsel, former Attorney-General Godfred Yeboah Dame, argues that the President’s approach violates constitutional provisions meant to safeguard judicial independence.
Invoking the Supreme Court’s original jurisdiction under Article 2(1)(b) of the 1992 Constitution, Assafuah is seeking a series of declarations clarifying the proper procedure for initiating the removal of a Chief Justice. Central to his argument is the claim that the President is required to inform the Chief Justice and solicit their comments before engaging the Council of State on any removal petition.
His suit contends that the failure to notify the Chief Justice before beginning consultations with the Council of State constitutes a constitutional breach. It further asserts that such an omission undermines the judiciary’s security of tenure and independence, as enshrined in Articles 127(1) and (2) of the Constitution. Additionally, the lawsuit claims that bypassing the Chief Justice in the process denies them the right to a fair hearing, rendering any resulting decisions procedurally flawed.
Assafuah is asking the court to declare that any attempt to remove the Chief Justice without following due process is unconstitutional and void. He is also requesting any additional reliefs the Supreme Court may deem appropriate.
The case is expected to be heard in the coming weeks, with the Attorney-General required to respond within fourteen days of being served.
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