Chief Justice, Her Ladyship Gertrude Araba Esaaba Sackey Torkonoo, has formally written to President John Mahama and the Council of State, requesting copies of the three petitions seeking her removal.
In a letter dated twenty seventh March, the Chief Justice said that she is but to obtain copies of the petitions to allow her to reply in accordance with due course of underneath Article 146(1) and the precise to a good trial.
Her request follows an announcement signed by the Minister of Authorities Communications, Felix Kwakye Ofosu, on twenty sixth March, confirming that the President had forwarded the petitions to the Council of State to begin the session course of as mandated by Article 146 of the 1992 Structure.
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Nonetheless, Justice Torkonoo emphasised the need for adherence to due process, stating:
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As you’re conscious, when a petition for the elimination of a Superior Courtroom Decide underneath Article 146(1) is forwarded to the Chief Justice, the primary requirement of due course of is for the Chief Justice to carry the petition to the eye of the accused Decide and acquire their response.
Her letter additional defined:
It’s the mixture of the proof within the petition and the response of the Decide that guides the Chief Justice, as the only enquirer underneath Article 146(3), in figuring out whether or not a prima facie case has been established to warrant the formation of an investigative committee comprising three Justices and two eminent residents, as stipulated underneath Article 146(4).
The Chief Justice, subsequently, requested the petitions to allow her to reply inside seven days:
I’m, by this letter, humbly and respectfully requesting His Excellency the President and the eminent members of the Council of State to ahead the petitions towards me, and permit me at the very least seven days from receipt of the paperwork to offer my response. This response ought to type a part of the supplies for the consultations anticipated underneath Article 146(6) earlier than any attainable institution of a Committee of Inquiry underneath Article 146(7).
This newest growth follows a lawsuit filed towards the President by the Member of Parliament (MP) for Previous Tafo, Vincent Ekow Assafuah, represented by the speedy previous Legal professional Common, Godfred Yeboah Dame.
The MP is looking for a declaration from the courtroom that:
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The President should notify the Chief Justice and acquire her feedback earlier than referring a elimination petition to the Council of State, as required by Articles 146(1), (2), (4), (6), and (7), together with Articles 23, 57(3), and 296 of the Structure.
