News
To thine own self be true- Let the law work
On the evening of Tuesday, March 25, 2025, social media reports indicated that His Excellency, the President of the Republic of Ghana, had forwarded three petitions for the removal of the Chief Justice to the Council of State. This step is a constitutional requirement under Article 146(6) of the 1992 Constitution, which states:
1.“Where the petition is for the removal of the Chief Justice, the President shall, acting in consultation with the Council of State, appoint a committee consisting of two Justices of the Supreme Court, one of whom shall be appointed Chairman by the President, and three other persons who are not members of the Council of State, nor members of Parliament, nor lawyers.”
2.Two days later, at 9:20 AM on Thursday, March 27, 2025, the Hon. Vincent Ekow Assafuah of Old Tafo, in Kumasi filed an action at the Supreme Court challenging the President’s referral of the petitions to the Council of State.
3.Mr. Assafuah argues that the President is required, under Articles 146(1), (2), (4), (6) and (7), 23, 57(3), and 296 of the Constitution, to:
“…notify the Chief Justice about a petition for her removal and obtain her comments and responses before referring the petition to the Council of State or commencing consultation with the Council of State.”
4.This claim raises a number of intriguing questions:
i. How did Mr. Assafuah, within just one day, ascertain that the Chief Justice was not consulted before the petitions were referred to the Council of State?
ii. Did the Chief Justice personally inform him that she was not consulted?
iii. Was there any media report confirming that the Chief Justice had been bypassed in the process?
5.And Godfred Dame as his lawyer? As the musician Joseph of Culture says, “this is neither a jigsaw nor a puzzle.” Things are falling into place. We either survive together or perish together.
6. That aside, only Article 146(6) is relevant in determining whether the President was required to seek the Chief Justice’s comments before consulting the Council of State.
7.Article 146(6), in clear and unambiguous terms, states that when a petition concerns the removal of the Chief Justice, the President must act in consultation with the Council of State.
8.In Agyei Twum v. Attorney General & Akwetey, Justice Date-Bah, speaking for the Supreme Court, held that just like other Justices of the Superior Courts, a prima facie case must first be established against the Chief Justice before a committee is empaneled to investigate the petition.
9. However, the Agyei Twum case did not specify how the prima facie determination should be made. What is certain, however, is that the President must act in consultation with the Council of State. The President’s decision to refer the petitions to the Council of State is, therefore, in strict compliance with the Constitution.
10. The following questions expose the suit for what it is—Much Ado About Nothing:
i. If the Constitution explicitly states that “where the petition is for the removal of the Chief Justice, the President shall act in consultation with the Council of State”, is it unconstitutional for the President to refer the petitions to the Council of State?
ii. Isn’t the referral the first logical step in discussing the prima facie determination and the procedure for it?
iii. Should the President unilaterally decide on the petitions without engaging the Council of State, as mandated?
iv. Does referring the petitions to the Council of State amount to a prima facie determination without giving the Chief Justice a hearing?
v. Does this referral prevent the Chief Justice from later providing her comments on the petitions?
11. In the first petition, the former President’s response suggested that the Council of State had been consulted before the determination that no prima facie case had been made against the Chief Justice.
12. Yet, the President’s letter to Prof. Azar does not indicate that the Chief Justice was asked for her comments before that determination was made.
13. The Chief Justice believes in the law. There is no need for presumptive protection. Every Ghanaian believes in the law.
14. The law requires that the President act in consultation with the Council of State. That consultation is currently ongoing. Let the process unfold. The Council of State has its own esteemed legal minds—trust them as much as you have always asked us to trust you.
15. To Proxy Assafuah, let me offer a lesson from the Acts of the Apostles. In Acts 5, Peter and his fellow apostles faced intimidation aimed at silencing their mission. Yet, despite the threats, they persisted in preaching the gospel without seeking legal recourse.
16. When they were eventually arrested and brought before the High Priest, Gamaliel, a respected Pharisee, offered wise counsel:
17. He reminded his colleagues of Theudas and Judas, two men who falsely claimed divine backing but ultimately perished. Gamaliel then gave this timeless advice in Acts 5:38-39:
“…Refrain from these men, and let them alone: for if this counsel or this work be of men, it will come to nought: But if it be of God, ye cannot overthrow it; lest haply ye be found even to fight against God.”
18. So be it, Hon. Mr. Proxy! leave the petitioners alone for if their counsel or work be of men, their petitions will come to nought, but if it be of God, and their cause is just, no court action can overthrow it.
By Thaddeus Sory
The 24 Hour Economy Authority has signed a Memorandum of Understanding with Hunan Architectural Design Institute Group to support the planning of the Volta Economic Corridor.
The agreement aims to guide how land within the corridor will be used, design key infrastructure, and develop systems that will support large scale production.
The partnership will focus on detailed planning to make the area ready for investment and smooth business operations.
The project will include the development of agroecological parks, industrial zones, and transport networks to connect production centres to markets.
According to the Authority, proper planning is critical to building strong economic systems and expanding production across the corridor.
It noted that the collaboration with the Chinese design firm will help lay a solid foundation for industrial growth and long term development within the Volta Economic Corridor.
By: Jacob Aggrey
President of the Ghana Bar Association, Efua Ghartey, has called on judges and lawyers to carry out their duties with humility, fairness, and a strong sense of responsibility.
She made the appeal during the Supreme Court at 150 celebration held at the University of Ghana, under the theme “Honouring the past, celebrating the present and defining the future.”
Addressing participants, she noted that those in the legal profession occupy positions of great power and influence, and must therefore remain humble in the discharge of their duties.
She urged both the bench and the bar to deliver justice without fear or ill will, stressing the need for fairness in handling cases.
Reflecting on the significance of the celebration, she explained that the year 1876 marks not only the establishment of the Supreme Court but also the beginning of formally trained lawyers in the Gold Coast.
The GBA President questioned what Ghana would be without the rule of law, which is upheld by judges and lawyers, adding that the country could descend into a system where only the strongest survive if justice is not properly administered.
She further encouraged legal practitioners to reflect on their responsibilities and remain committed to upholding the rule of law for the benefit of all citizens.
By: Jacob Aggrey
