Mr Martin Kpebu, a Private Legal Practitioner, Saturday said President John Dramani Mahama breached no law when he forwarded three petitions seeking to remove the Chief Justice to the Council of State.
His comment follows questions by a section of the public as to why Chief Justice Gertrude Torkonoo was not informed of the said petitions before they were forwarded to the Council.
On Friday, March 28, 2025, the President gave the Chief Justice 10 days to respond to the petitions upon the CJ’s request.
Speaking on the issue on Accra-based television station, Mr Kpebu refuted claims of a constitutional breach by the President.
He said there was no law that contravened the action taken by the President.
“The Constitution does not lay out steps for the Chief Justice to see the petitions before being forwarded to the Council of State,” he said, adding: “There is no breach of law.”
“My point is that when the President forwarded it, that per se didn’t show a breach because we don’t know the reason for which it was forwarded.”
“If he had purported to say that he’s going ahead to detail prima facie determination without hearing from the Chief Justice then that’s where there would be a problem, but once we don’t know why it was forwarded… and you can’t just say that because it was forwarded ipso facto there is a breach.”
Mr Kpebu, however, noted that the CJ did no wrong when she requested for copies of the said petitions to enable her to respond appropriately.
He rather criticised some suits filed at the Supreme Court by private citizens questioning the President’s decision to the Council without a prior engagement with the CJ.
“Where the concern is, is that some proxies had come out including filing a suit in the supreme court to say that the President, by forwarding the petitions to the Council of State, had breached the law, that’s where the problem is,” he said.
“…But as for asking for a copy no, I don’t see anything wrong,” Mr Kpebu emphasised.
Mr Christian Malm-Hesse, a Lawyer, insisted that the President erred when he failed to notify the CJ before submitting the petitions to the Council.
He alluded to Article 146(6) of the Constitution, which stipulates that “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.”
“You see, when you are reading this, you need to read it as a whole. I agree that the word used there is shall, but it is to be read as a whole…”
“What this means is that the President at this point will be acting directly with the committee, as in with the Council of State, in appointing the committee so that the intervention must be made by the Chief Justice prior to this.”
“Other than that, the President acting is more like a no-reverse position.”
Source: GNA
The post President breached no law by forwarding petitions against Chief Justice to Council of State – Kpebu appeared first on Ghana Business News.
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