CJ Saga: Mahama Has Not Flouted Any Law –Alan Cash’s MFC

The Movement for Change (MFC) has urged political parties, particularly the New Patriotic Party (NPP) and the National Democratic Congress (NDC) to stop politicising the suspension of the Chief Justice and allow the country’s constitutional processes to run its full course.

In a statement signed by Solomon Owusu, a leading member of MFC, he said “The Movement for Change also wants to advise political parties, especially the NPP and NDC and their members to refrain from politicising the matter and allow the laws of the land to work.”

“We want to call on the committee members to be fair to both sides so that the outcome of their work will further shape and deepen the democracy of this country,” the statement said.

The MFC expressed confidence that the President’s decision to act upon the advice of the Council of State and the subsequent formation of a five-member committee to investigate the matter were all consistent with the constitutional mandates under Article 146.

According to the group, “The 1992 Constitution is the bedrock of our democracy and we acknowledge that the President’s action, taken on the advice of the Council of State and following a prima facie determination, adheres to the procedural framework.”

The Movement stressed that the opportunity afforded the Chief Justice to respond to allegations was further evidence that due process was being respected.

Amid rising tensions and public debate, the MFC also criticized the Ghana Bar Association (GBA) for its position demanding that the President reverse the suspension. The group called on the GBA to ground its advocacy in law and not sentiment.

“We observed with shock the position of the Ghana Bar Association (GBA) calling on the President to suspend the suspension of the Chief Justice,” the group stated.

“As an Association that believes in the rule of law, their calls must be based on law. The movement would have agreed with them if their call was grounded in law, quoting relevant provisions of the Constitution to buttress their case.”

MFC warned that the GBA must not become an institution that undermines the legal order it is supposed to uphold.

“While we respect their right to advocate for the Chief Justice, such a stance risks conflating the defense of an individual with the defense of due process itself.”

Reiterating its firm belief in the equality of all citizens before the law, the movement said “No one is above the law – not the President, not the Speaker of Parliament, nor the Chief Justice. Accountability is the cornerstone of our democracy and it must apply equally to all, regardless of status or office.”

The group, however, acknowledged that while the constitution has provided a framework for due process, it does not ensure full transparency in such proceedings. As a result, MFC called on the Constitutional Review Committee to consider proposals to make removal procedures for state officials more transparent in the future.

“As a movement that believes in transparency, we would have wished for a more open process for every Ghanaian to be carried along. This transparency is not, however, guaranteed by the 1992 Constitution,” the group noted.

The Movement also reintroduced its proposal for structural reforms in governance, suggesting the replacement of the Council of State with a Second Chamber composed of Statesmen and women, tasked with appointing and, when necessary, removing high-level government officials.

According to MFC, such a chamber would “take away the over partisan politics usually perceived to be associated with removal from office of such personalities.”

Addressing Ghanaians directly, the group urged calm and civic responsibility. “To the people of Ghana, we say this: your voice matters. The Movement for Change is committed to ensuring that the constitutional processes unfold with integrity and that the outcome reflects the principles of fairness and justice that you hold dear.”

The statement concluded with a call for leadership rooted in humility and service: “The privileges and powers of high office come with an obligation to serve the people, not to shield oneself from scrutiny… Let us rise above partisan divides and work together to strengthen our democracy, ensuring that the judiciary remains a beacon of hope and justice for all.”

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