A former Deputy Attorney General, Alfred Tuah-Yeboah, has emphasised that the Chief Justice, Gertrude Torkornoo, must be notified and allowed to respond to the petitions brought against her before any determination is made regarding a prima facie case under Article 146(3) of the 1992 Constitution.

His comments come in the wake of a lawsuit filed by the immediate past Attorney General, Godfred Yeboah Dame, on behalf of Vincent Ekow Assafuah, the Member of Parliament (MP) for Old Tafo.

The legal action at the Supreme Court is challenging the procedural legality of President John Mahama’s actions concerning the potential removal of the Chief Justice.

In an interview on Joy FM's Middaynews on Thursday, March 27, Mr Tuah-Yeboah explained that when determining whether a prima facie case exists against the Chief Justice, the President is required to consult the Council of State. However, he argued that before this step is taken, the Chief Justice must first be notified and given the 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 on the matter,” he stated.

He further noted that while forwarding petitions to the Council of State is in line with Supreme Court precedent, the fundamental issue remains whether the President, together with the Council of State, can make a determination 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 taking the next step of 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 John 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 regarding the proper interpretation of constitutional provisions governing the removal of a Chief Justice.