The President has been petitioned to trigger impeachment of the Chief Justice, Sophia Akuffo, for failing to comply with the orders of an African court.

The petition signed by Mensah Thompson who describes himself as the Executive Director of the Alliance for Social Equity and Accountability (ASEPA),  also want the president to remove the government’s chief lawyers, the Attorney-General Gloria Akuffo and her deputy, Godfred Dame for same.

Photo: Gloria Akuffo is Attorney-General and Minister of Justice

The six-page document is all about Alfred Agbesi Woyome who has been having a protracted legal battle over government’s attempt to retrieve more than ¢51.2m it wrongfully paid the businessman in 2010.

Woyome obtained judgment from the African court of Human and Peoples’ Rights in November 2017, directing that government halts attempt to seize the embattled businessman’s properties through Ghana’s courts.

Photo: Alfred Agbesi Woyome

The 11-member panel said the case of human rights abuse at the African court is of “extreme gravity and urgency”.

The Court said it took the decision to grant the request for interim measures because a substantial injustice would be done to Mr Woyome if the state of Ghana is allowed to auction his properties and the court later decides in his favour.

Lawyers for the businessman presented the order to the Supreme Court asking that all proceedings relating to the repayment of the money be suspended.

But his relief from a sustained legal battle was shortlived as the Supreme Court rejected the order.

Deputy Attorney-General Godfred Yeboah Dame opposed the application saying the Treaty setting up the African Court even though has been ratified by Ghana's Parliament, has not been incorporated into Ghana's laws.

Delivering the decision of the 5-member Panel, Justice Anin Yeboah said the businessman had failed to show any factual or legal basis for the court to hold on with its ruling.

Nearly a year after this, Mensah Thompson wants the Chief Justice and the Attorney-General to pay the political price of ignoring the continental court orders in favour of Alfred Agbesi Woyome.

He said the action of the Chief Justice and the government lawyers, amounted to stated incompetence.

He argued that Ghana is bound by the orders of the court because government on February 9, 2011, ratified a document accepting the authority of the African court in accordance with the Article 40 d(ii) of the 1992 constitution.

He pointed out, the Chief Justice was once a Vice-President of the continent’s court and gave orders which courts of other African countries complied with.

Why should a former member of the African court reject its authority when a matter involving her country came up, the petition suggested.

He expressed dismay at the deputy A-G, Godfred Dame for comments rejecting the court’s authority and observed, government still benefits of its membership of the African court.

Photo: Godfred Dame is often in court pushing for the recovery of millions wrongfully paid the businessman

A representative of the African court, Dr. Horace Adjolorhoun was in Ghana to train Appeal court justices, the petitioner pointed to benefits Ghana continues to receive from the court.

He said Ghana still has cases at the African court which the Attorney-General is assisting the court to adjudicate. The Chief Justice, the Attorney-General and her deputy have breached at least three laws in Ghana’s 1992 constitution.

He mentioned Articles 40, 73 and 75 of the 1992 constitution as well as international treaties like Article 5(3) of the African Court charter and the Vienna Convention of the laws of treaties.

This amounts to stated incompetence, he said, and wants them removed.

The President has once triggered Article 146 of the 1992 constitution which eventually led to the removal of the Chairperson of the Electoral Commission Charlotte Osei and two deputies.

Photo: Charlotte Osei was removed in July 2018