JUSTICE KWAME ANSU-GYEABOUR v. THE ATTORNEY GENERAL
2013
SUPREME COURT
GHANA
CORAM
- OWUSU [MS], JSC [PRESIDING]
- DOTSE, JSC
- YEBOAH JSC
- GBADEGBE, JSC
- AKOTO-BAMFO [MRS], JSC
Areas of Law
- Constitutional Law
- Human Rights Law
- Civil Procedure
2013
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court was asked to interpret certain provisions of the 1992 Constitution regarding the procedure for investigating and potentially impeaching a superior court judge. The plaintiff challenged the investigation and recommended impeachment based on alleged procedural lapses and violations of his rights. The Court concluded that the Chief Justice's duty to determine a prima facie case is non-delegable and that the Judicial Council has the constitutional mandate to forward an impeachment petition to the President. The Court clarified the procedural roles of the Chief Justice and the Judicial Council, ensuring adherence to constitutional guidelines.
R U L I N G
OWUSU[MS.],JSC.
This is a reference under Article 130(2) of the 1992 constitution to this court for the exercise of its exclusive original Jurisdiction. Under Article 130 (1) (a) of the constitution, this exclusive jurisdiction shall be exercised in –
“all matters relating to the enforcement or interpretation of this constitution;
And
(b) - - - - - - - - - - - - - - - -
Under Article 130 (2) –
“where an issue that relates to a matter or question referred to in clause (1) of this article arise in any proceedings in a court other than the Supreme Court, the court shall stay the proceedings and refer the question of law involved to the Supreme Court for determination and the court in which the question arose shall dispose of the case in accordance with the decision of the Supreme Court.”
In suit No. HRC 42/11, as titled above, pending before (Human Rights Division) of the Accra High Court, the plaintiff, a superior court Judge has commenced an action claiming:
“(1) A declaration that in view of the fact that no person has sent a petition to His Excellency, the president for the removal of the plaintiff as a Justice of the High Court, the setting up of the Justice Sophia O. A. Adinyira committee to investigate the plaintiff is null and void and a violation of the fundamental human rights of the plaintiff as contained in Article 12 (1) and (2) of the constitution of the Republic of Ghana, 1992.”
(2) A declaration that in view of the fact that Her Ladyship the Chief Justice has never personally investigated the plaintiff to determine a prima facie case as required, she can not purport to set up the Justice O. A. Adinyira Committee to investigate the plaintiff.
(3) A declaration that the Judicial Council being a constitutional body set up under the Constitution of the Republic of Ghana , 1992, to perform specific functions cannot arrogate to itself the power to send a petition to His Excellency, the President to impeach the plaintiff.
(4) A declaration that by failing to inform the plaintiff from the onset that he was being investigated for possible impeachment under Article 146 of the Constitution of Ghana 1992, Article 23 of the said Constitution was not followed.
(5) A declaration that since in an intended impeachment proceeding against a superior court judge there is room for only one committee under Article 146 of the 1992 Constitution of the Republic of Ghana, the use of findings before the Justice Julius Ansah and Sophia Akuffo C