President John Dramani Mahama has officially terminated a petition seeking to probe Supreme Court Justice, Emmanuel Yonny Kulendi, citing a lack of legal basis.
The decision follows a review by the Chief Justice, who found the complaint failed to establish a prima facie case against the judge.
The petition had alleged that Justice Kulendi improperly interfered in the high-profile ambulance scandal trial involving his cousin, Richard Jakpa, and Dr Cassiel Ato Forson, current Finance Minister. It claimed this breached judicial ethics and undermined public confidence in the judiciary.
Acting on constitutional protocol under Article 146, President Mahama forwarded the petition to the Chief Justice for assessment. In a decisive response, the Chief Justice concluded the allegations did not meet the legal threshold to warrant further investigation.
The President has since communicated this final verdict to the petitioner, drawing a line under the matter.
The ruling confirms Justice Kulendi will face no formal disciplinary action, closing a chapter that had sparked debates over judicial conduct.
The move by the President was communicated by the Minister of State in charge of Government Communications, Felix Kwakye Ofosu.
“This development brings clarity to the matter, confirming that the allegations against the Supreme Court judge will not proceed to formal investigation or action, as no sufficient legal basis was established,” Mr Ofosu said.
Appointment
Justice Kulendi was sworn into office as a Justice of the Supreme Court on May 26, 2020, together with Professor Henrietta J. A. N. Mensa-Bonsu, by then President Nana Addo Dankwa Akufo-Addo.
Their appointments followed successful vetting by Parliament’s Appointments Committee on May 11 and 12, 2020, respectively and parliamentary approval on May 20, 2020.
Background
On October 2, Daniel Marfo Ofori-Atta petitioned President Mahama for the removal of Justice Kulendi, following an earlier petition to the Criminal Investigation Department (CID) of the Ghana Police Service.
The petitions sought investigations into Justice Kulendi and his cousin, Richard Jakpa, over alleged attempts to interfere with the administration of justice.
The allegations stem from the high-profile trial Republic vs Cassiel Ato Forson & 2 others, in which Mr Jakpa, currently Director of Operations at the National Security Secretariat, was the third accused.
Mr Ofori-Atta alleged that Justice Kulendi attempted to obstruct justice in breach of the code of conduct expected of a Supreme Court judge, arguing that such conduct amounted to stated misbehaviour and rendered him unfit for office.
