Lawyer Files Suit For Removal Of Chief Justice

By William Yaw Owusu

Saturday, 17 June 2006
Bright Akwetey, the lawyer seeking the removal of the Chief Justice from office, has filed a suit at the Supreme Court to compel the President and the Council of State to act on his petition.

An application filed against the Attorney General on June 9, seeks the highest court of the land to “compel the President and the Council of State to act in compliance with the provisions of Article 146 (10) of the Constitution in respect of the petition dated January 13, 2006 for the removal of Mr Justice George Kingsley Acquah, Chief Justice.”

His grounds for seeking the removal of the Chief Justice as contained in the petition are the alleged abuse of office and judicial misconduct.

Mr Akwetey wants the President to suspend the Chief Justice from office pending the enquiry into the matters alleged in the petition.

“The President and the Council of State have a legal and constitutional duty to comply with Article 146 (10) (a) of the constitution in the special circumstances of this case,” he said in his affidavit in support of the motion.

He explained the grounds on which the reliefs are being sought as that the suspension of the Chief Justice is a public/official/constitutional duty that must be performed in the circumstances of this case.

“The delay in complying with Article 146 (10) (a) is causing the Chief Justice to flout the rules of natural justice by empanelling his own court to hear his case. Thus being a judge in his own case, he will interfere with the proceedings if he remains in office during the enquiry,” he pointed out.

“There has been a ‘stated misbehaviour’ of abuse of office and judicial misconduct alleged against the Chief Justice, and this requires prompt action by both the President and the Council of State. The victims of the CJ’s punitive transfers and victimization must be guaranteed the freedom, independence and the courage to assist in the enquiry,” he further noted.

The supporting affidavit to the motion states that “the official acts of the President can be challenged either by means of the prerogative writs, or by instituting actions in the
Supreme Court under Article 2 and the mandamus is squarely within the law.”

“The Council of State is a constitutional body enjoined by Article 89 (i) to counsel the President in the performance of his functions,” it said and added that it was in the law for the court to compel them to advise the President on the removal of the CJ.

It pointed out that there had been a delay on the part of the President in setting up the committee to investigate the Chief Justice since the committee was publicly announced in the second week of March.