My public advocacy on the issue of the impeachment of the Chief Justice is informed by two (2) pillars;
- The need to comply with due process of law, and
- Making sure the process is free from partisanship.
These for me are necessary to give the process credibility and to avoid retrogression in our democracy. Beyond this I have no other interest.
Because in my view the Constitutional provision Article 146 was not provided for in our constitution in vain. It was for a purpose such as this.
However, in its implementation, we should remember to comply with other provisions of the constitution where necessary.
Hence, having highlighted that in the case of the suspension of the Chief Justice, Article 296 cannot be ignored. As doing so render the suspension arbitrary, unfair and capricious for which reason the suspension is unconstitutional.
It is worthy of note that anyone who has followed my advocacy since this matter ensued would have noticed that, I am constantly cautioning the need to comply with the due process of law.
Others have sort to draw my attention to the issue of Madam Charlotte Osei, former EC boss and her two (2) deputies. My response has always been the two issues are never the same. Thus in the case of Madam Charlotte Osei, President Akufo-Addo never exercised his power under Article 146(10) to suspend the Commissioners. Thus, the need to comment on the constitutionality of the suspension never arose.
I have not at any point questioned the authority of the President or Council of State to carry out this sacred constitutional duty and/or the propriety of the entire process, all I have constantly highlighted is the need for caution and compliance with due process.
That the above being said, the time has come for us to pursue serious judicial reforms to prevent an interference in the administration of justice by politicians. I am happy I have already taken the opportunity to make a case before the Constitutional Review Committee. I urge all and sundry to do same to help build our country.
Dated this 24th Day of April, 2025.
Nana Agyei Baffour Awuah, Esq (Member of Parliament for Manhyia South)
