President Akufo-Addo has dismissed a petition brought against the Chief Justice, Justice Kwasi Anin-Yeboah, seeking his removal from office.
The petition filed by the Executive Director of Civil Society Organisation, Alliance for Social Equity and Public Accountability (ASEPA) invoked Article 146 (6) of the Constitution of Ghana, 1992 for the removal of the Chief Justice.
The petition followed allegations by a private legal practitioner Kwasi Afrifa who alleged the Chief Justice demanded a $ 5 million bribe from his (Afrifa’s) former client for a favourable judgement.
Accordingly, the President in a letter dated July 20, 2021, consulted with the Council of State per the terms of Article 146 (6) to determine whether the petition discloses a prima facie case against the Chief Justice. Such a determination should precede the appointment of a committee under Article 146 (6) to hear the matter.
The Council of State conveyed its conclusions on whether or not a prima facie case has been established to the President on Friday, August 20.
In making a determination on whether or not a prima facie case has been established against the Chief Justice to warrant the appointment of a committee for the purpose of inquiry, the President said, on the generality of the fact available vis a vis the applicable legal rules, the petition fails to meet the threshold specified in law.
“This allegation by ASEPA, assuming the same to be true, is conjectural, speculative and provides nothing of substance to assist in proceedings under Article 146 of the Constitution.
“The petitioner fails to meet the threshold of proffering strong evidence in support of his allegations for the opposing side to be called to answer to it. In actual fact, the petitioner fails to provide any evidence at all, in support of the spurious allegations made against the Chief Justice,” parts of the letter read.
“Applying my mind to the demands of the task before me, I have no hesitation in finding that the petitioner’s complaint does not disclose a prima facie case for further action to be taken under Article 146 (6) of the Constitution,” it added.
Consequently, he dismissed the petition describing it as “unmeritorious” and “unwarranted”.