Chief Justice removal process: Mahama acting within confines of Constitution — Majority Leader

The Majority Leader in Parliament, Mahama Ayariga, has stated that President John Dramani Mahama has, so far, acted within the confines of the 1992 Constitution in the process of removing the suspended Chief Justice, Gertrude Araba Sackey Torkornoo.

He, therefore, described criticisms of the process as unfounded and lacking constitutional basis.

“I pay attention to the process, and so far, I have not heard anybody specifically say that this part of the process is not provided for in the constitution,” he said.

Addressing journalists in Parliament last Wednesday, Mr Ayariga stressed that the President acted strictly within the confines of the 1992 Constitution in response to petitions submitted for the Chief Justice’s removal.

Context

A five-member Supreme Court panel, last Wednesday, dismissed an application by the Chief Justice to stop her removal process.

The Deputy Minority Leader in Parliament, Patricia Appiagyei, last Tuesday, said that attempts to remove the Chief Justice from office undermined the independence of the Judiciary.

She described it as not only an assault on the office holder but the very sanctity of the judicial branch. 

No wrong

The Majority Leader, who is also the National Democratic Congress (NDC) Member of Parliament for Bawku Central, reiterated that President Mahama had done no wrong in acting on the petitions.

“People are throwing innuendos and speculating – like why certain lawyers are involved.

But that’s not my business. The key thing is whether the process is being followed according to the Constitution,” he stressed.

“The President has not engaged in one single wrongdoing in this whole process," he added.

Privileges

Mr Ayariga pointed out that by accepting the role, Justice Torkornoo had, in essence, agreed to both the privileges and the disciplinary processes that came with it.

“You cannot accept to enjoy the perks of the office of Chief Justice and then reject the procedure by which you may be removed. It's a package.

Where were you when you were being appointed Chief Justice? 

"The constitution creates the office of Chief Justice, and the same constitution creates the procedure by which the Chief Justice should be removed.

If you accept the office, you must accept the procedure by which you are going to be removed. It's a package," he stated. 

Accountability

Earlier in the House, Mr Ayariga said the Majority Caucus would also spearhead a rigorous pursuit of accountability in public financial management systems to put a stop to abuse of public funds.

To that effect, he outlined the unresolved financial malfeasance surrounding the COVID-19 expenditures, the Agyapa Royalties deal, the $190 million PDS scandal, and deals that would be investigated to hold accountable those who brazenly plundered public resources without accountability.

“This House will ensure that the era of financial recklessness is met with unwavering consequences,” he assured the House.

Impunity

The Leader of Government Business said the Majority Caucus would also push the House to summon Operation Recover All Loot (ORAL) for briefings, particularly on the 36 financial cases worth over $20 billion under review—including land-related fraud amounting to $702.2 million.

In his view, the gravest danger to the country’s democracy was impunity and that if “we fail to hold those responsible for this brazen plunder of public resources accountable, we betray the trust of every Ghanaian who demands justice”.

Writer’s email: nana.agyeman@graphic.com.gh