Martin Kpebu, a Private Legal Practitioner, Tuesday said the President cannot exercise any discretion in the Chief Justic’s review petition probe, if the Committee says she is not liable or vice versa.
The recommendations of the Committee was what the President would go by and act upon, he said.
President John Dramani Mahama on Tuesday, acting in accordance with Article 146(6) of the Constitution and in consultation with the Council of State, determined that a prima facie case has been established in respect of three petitions against the Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
The President has consequently established a committee in compliance with Article 146(6) of the Constitution and in consultation with the Council of State to look into the matter.
Mr Kpebu, in an interview with the media, said the suspension of the Chief Justice was not a light matter, it would involve a lot of considerations, engagements, and consultations and those decisions were not to be taken lightly.
Dr Medina Srem-Sai, the Deputy Attorney-General and Deputy Minister of Justice, said in the absence of the Chief Justice, the senior most Justice of the Supreme Court would act.
“For now, the senior-most justice would be Justice Paul Kwadwo Baffoe-Bonnie,” he said.
Dr Srem-Sai explained that there were so many reasons why a chief justice may be suspended.
“These include the time to prepare defence and explanation on the petitions, which have allegations that the public might not be aware of,” he said.
“Now, the question is, if you have three petitions, you will need a lot of time to prepare your defence and your explanation, so playing the role of the head of the judiciary, administratively as a judiciary, is already a lot of work.”
He said that would be a very hectic role and put the Chief Justice in a position where she continued to perform her functions, and at the same time be defending herself in the face of three issues concurrently.
“This might be probably one of the reasons why the President may want to suspend the Chief Justice so that she could have sufficient time to prepare and defend herself against the allegations,” he added.
Meanwhile the President has set up a petition review committee to inquire into the suspension, chaired by Justice Gabriel Scott Pwamang, Justice of the Supreme Court.
The members are Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court, Daniel Yaw Domelevo (Former Auditor-General), Major Flora Bazwaanura Dalugo (Ghana Armed Forces), and Professor James Sefah Dzisah (Associate Professor, University of Ghana).
GNA
