The Member of Parliament for Old Tafo, Vincent Ekow Assafuah, has raised constitutional concerns over President John Dramani Mahama’s suspension of the Chief Justice, arguing the action violates due process while a Supreme Court case remains unresolved.
In an interview with TheProbe on JoyNews monitored by Kumasimail, the legislator stated: “His Excellency the President caused his spokesperson to announce to the Ghanaian public that he has established a prima facie case against the Chief Justice and triggered Article 146(9) or (10) to suspend her.
“It is my considered opinion that with a substantive case pending before the Supreme Court and an application seeking to restrain the President from proceeding, he could not lawfully suspend the Chief Justice.”
Assafuah cited the Muat case precedent, emphasizing that “as soon as there is an application seeking to stay execution, that application should be treated as an injunction in itself.”
He questioned the urgency of the President’s actions, stressing“It beats my imagination why the President would form a prima facie case and suspend the Chief Justice while these legal processes remain unresolved.”
Assafuah concluded: “The President’s decision to act unilaterally in this matter sets a dangerous precedent for the separation of powers. We must allow the courts to determine the validity of these proceedings before any irreversible actions are taken.”
The Supreme Court is expected to hear the pending application in the coming weeks, with outcomes likely to shape Ghana’s judicial accountability framework.
Background
The controversy stems from three undisclosed petitions submitted to President Mahama, who referred them to the Council of State.
A five-member committee was subsequently formed to investigate the Chief Justice, prompting Assafuah’s initial injunction attempt.
The MP’s latest motion follows the President’s April 22 suspension order, which he argues preempts judicial review.
Assafuah, a New Patriotic Party member first elected in 2020, has positioned himself as a vocal advocate for procedural integrity in governance.
Source: www.kumasimail.com / Kwadwo Owusu
