A landmark legal action has been initiated by the New Patriotic Party, NPP, Member of Parliament for Tafo in the Ashanti Region, Vincent Ekow Assafuah, in the Supreme Court, challenging the constitutional procedure surrounding the removal of the Chief Justice.
Ekow Assafuah, through his lawyers on Thursday, filed a writ to invoke the original jurisdiction of the court, seeking declarations regarding the interpretation and application of key provisions of the 1992 Constitution of the Republic of Ghana.
The suit, which was on Wednesday, March 26, 2025, raises significant constitutional questions, particularly surrounding Articles 146(1), (2), (4), (6), (7), 23, 57(3), and 296.
These provisions address the processes for the removal of the Chief Justice and the security of tenure for judicial officers.
According to the plaintiff, the current practice regarding the removal of the Chief Justice violates the Constitution’s safeguards designed to ensure judicial independence and protect the Chief Justice’s security of tenure.
Ekow Assafuah argues that the President of Ghana, John Dramani Mahama when faced with a petition for the removal of the Chief Justice, is constitutionally mandated to notify the Chief Justice about the petition.
Furthermore, the Chief Justice should be allowed to respond before the President proceeds with any action involving the Council of State or the removal process.
Ekow Assafuah claims that the failure to follow this procedure violates the constitutional protections enshrined in the Constitution, particularly under Article 146(6), which ensures the independence of the judiciary and the right to a fair hearing as guaranteed under Articles 23 and 296.
He seeks declarations from the court affirming that the President’s failure to notify the Chief Justice before initiating the consultation process with the Council of State undermines the Chief Justice’s right to a fair hearing and interferes with the independence of the judiciary.
The plaintiff is calling for the Supreme Court to rule that any petition for the removal of the Chief Justice, which bypasses the Chief Justice’s right to be notified and to respond to the petition, constitutes an unlawful and unconstitutional interference with the judicial system.
Ekow Assafuah is asking for an order declaring such actions null and void and of no effect.
The writ also asks the court for any other order that it may deem appropriate.
Ekow Assafuah is bringing the action as a concerned citizen under Article 2(1)(b) of the Constitution, which provides the legal standing for individuals to challenge unconstitutional actions.
His legal representation is led by Godfred Yeboah Dame, the immediate past Attorney General and Minister of Justice, of Dame & Partners Unlimited.
The defendant named in the Attorney-General of Ghana, with the Office of the Attorney-General and the Ministry of Justice in Accra as the designated service address.
The petition has the potential to shape future interpretations of the Constitution regarding the removal of the Chief Justice, with broader implications for the judicial independence of Ghana’s legal system.
