Vincent Ekow Assafuah has filed a lawsuit against the Attorney-General at the Supreme Court of Ghana, challenging the constitutional process regarding the removal of the Chief Justice. The case, filed under the court’s original jurisdiction, argues that the President must notify the Chief Justice about any petition for their removal before referring it to the Council of State.
According to the writ, Assafuah seeks “a declaration that upon a true and proper interpretation of Articles 146(1), (2), (4), (6) and (7), 23, 57(3) and 296 of the Constitution, the President is mandated to notify the Chief Justice about a petition for the removal of the Chief Justice and obtain his or her comments and responses to the content of such petition before referring the petition to the Council of State or commencing the consultation processes with the Council of State for the removal of the Chief Justice.”
He further argues that failure to do so “amounts to an unjustified interference with the independence of the Judiciary enshrined in Article 127(1) and (2) of the Constitution.”
Assafuah also contends that such a failure violates the fundamental right to a fair hearing, as outlined in Articles 23 and 296, rendering the consultation process “null, void, and of no effect.”
The lawsuit, filed by Dame & Partners Unlimited on Assafuah’s behalf, names the Attorney-General as the defendant. The Supreme Court is expected to set a date for hearing the case, which could have significant implications for judicial independence and constitutional governance in Ghana.
