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A former Deputy Attorney General and Minister of Justice, Alfred Tuah-Yeboah, has strongly criticised the Council of State, describing its advice to suspend the Chief Justice as “poisonous.”
According to him, the Council has set a dangerous precedent with its recommendation, arguing that the Chief Justice, as head of the Judiciary, deserves fair and dignified treatment.
His comments follow a statement dated Tuesday, 22 April, signed by the Minister for Government Communications, Felix Kwakye Ofosu, which confirmed the suspension of the Chief Justice.
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According to the statement, the decision was made in accordance with Article 146(6) of the 1992 Constitution, and after consultation with the Council of State, following the establishment of a prima facie case in relation to three separate petitions submitted against the Chief Justice.
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However, reacting to the development, Mr Tuah-Yeboah expressed his dismay:
I say the advice of the Council of State has been poisonous. We must be very careful in how we treat the head of any arm of government. In Ghana, we have three branches: the Executive, the Judiciary, and the Legislature. The Council of State should ensure that its actions do not undermine the balance between these arms.
There may be instances where it is necessary to advise the President to suspend the Chief Justice, but the grounds must be substantial and not hollow.
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The expectation is that the Council of State plays a role that ensures fairness. But if the grounds for suspending the Chief Justice are not properly weighed, then we should be deeply concerned about the message this sends regarding the independence of the Judiciary.
Meanwhile, in line with constitutional requirements, the President has constituted a five-member committee to investigate the matters raised in the petitions.
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Formed in consultation with the Council of State, the committee comprises the following:
Justice Gabriel Scott Pwamang, Justice of the Supreme Court – Chairman
Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court – Member
Daniel Yaw Domelevo, Former Auditor-General – Member
Major Flora Bazwaanura Dalugo, Ghana Armed Forces – Member
Professor James Sefah Dzisah, Associate Professor, University of Ghana – Member