National Communications Officer of the governing National Democratic Congress (NDC), lawyer Sammy Gyamfi, has waded into the ongoing controversy surrounding the petitions to oust the Chief Justice (CJ) from office.
Unlike some persons who have issues with the President’s actions towards the petitions, the private legal practitioner says John Dramani Mahama is not acting outside the remit of the law.
His comments follow a petition from three citizens to President Mahama to remove the Chief Justice, Gertrude Araba Esaaba Sackey Torkonoo, for reasons which are yet unknown to the public.
The President, in accordance with Article 146 of the 1992 Constitution, has forwarded the petitions to the Council of State for onward advice and next action.
The decision has been challenged by two citizens, including a Member of Parliament, Vincent Assafuah, who says the CJ should have been given copies of the petition to provide response before the onward submission of the petitions to the Council of State.
Aside from the two persons challenging the processes in court, the Chief Justice has also written to the President and other stakeholders asking for copies of the petitions.
In her letter to the President dated Thursday, March 27, Chief Justice Torkornoo requested a fair opportunity to respond to the allegations against her before further steps are taken.
“I am by this letter humbly and respectfully asking His Excellency the President and eminent members of the Council of State to forward the petitions against me to me, and allow me at least seven days after receipt of same, to provide my response to you, which response can then form part of the material that you conduct the consultations anticipated under 146 (6), before the possible setting up of a Committee of Inquiry under Article 146 (7),” she stated.
But in a post made on his Facebook Thursday, March 27, 2025, Sammy Gyamfi, who is also the Acting CEO of the Precious Minerals Marketing Company (PMMC), cited the matter of Agyei Twum vs Attorney-General on the removal of the CJ, in connection with the provision in the constitution, stating that the President cannot establish a prima facie in isolation.
He says the President cannot establish a prima facie in isolation, unless the petitions have been submitted to the Council of State, for copies to be made available to the CJ to provide a response, upon which a prima facie could be established or otherwise.
“The case of Agyei Twum vrs AG is very clear on the process for the removal of a Chief Justice of the Republic of Ghana. When the President receives a petition for the removal of a Chief Justice, he ought to first make a Prima facie case determination, in consultation with the Council of State.
“For emphasis, the President does not have the power to make the Prima facie case determination on his own, but rather, in consultation with the Council of State. That is precisely what President Mahama is doing in the case of the petitions seeking the removal from office of Chief Justice, Gertrude Torkonoo.
“The letter from the President forwarding the said petitions to the Council of State, indicated clearly that the Council was being consulted by the President for a Prima facie case to be determined. He also consulted the Council of State on the fact that, the petitions seeking the removal of the CJ be forwarded to the CJ and that she should be given 10 days to respond to the allegations therein before a Prima facie case is determined.
“Thus, President Mahama is strictly adhering to the dictates of the Constitution and the Agyei Twum case. He has done nothing unlawful or untoward,” Mr. Gyamfi explained.
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