THE REPUBLIC v. THE CHIEF JUSTICE OF THE REPUBLIC OF GHANA THE ATTORNEY-GENERAL EX-PARTE: JUSTICE KWAME OHENE-ESSEL (RTD)
2020
SUPREME COURT
Areas of Law
- Constitutional Law
- Administrative Law
- Civil Procedure
2020
SUPREME COURT
AI Generated Summary
The Supreme Court of Ghana, per Dotse JSC, resolved a constitutional reference originating from a High Court judicial review application by retired High Court Judge Justice Kwame Ohene-Essel against the Chief Justice and the Attorney-General. The reference asked whether, under Articles 146(3) and (5), a judge who had compulsorily retired by age could nonetheless enjoy pension and gratuity under Article 155(1)(b) when impeachment proceedings had not progressed beyond a prima facie determination, partly because he exercised his right to challenge matters in court. After recounting the Tiger Eye PI petition and the sequence of suspension, half-salary, and a retirement letter withholding benefits, the Court applied a purposive interpretive approach, emphasized Article 19 fair trial guarantees at the committee stage, and held that Article 146 applies only to serving judges. Drawing on Frank Kwadwo Amoah and Ansu-Gyeabour, and distinguishing Edward Boateng, the Court affirmed that Ohene-Essel’s retirement benefits must be paid and recommended procedural reforms for timely impeachment processes.
DOTSE JSC:-
PROLOGUE
It is often said that “justice delayed, is justice denied”. The reverse of this is also
another common saying, it states as follows “justice hurried, is justice buried”.
There must therefore always be a delicate balance in the expeditious adjudication of
cases to ensure that either way, no one is unduly disadvantaged by the vigilance or
indolence of the judicial system.
This case relates to a reference made by the learned High Court Judge, Gifty Agyei Addo
J, presiding over the High Court, Human Rights Division 1, Accra in Suit No.
HR/0102/2017 in an application for Judicial Review in the nature of Certiorari and
Prohibition pursuant to order 55 of C. I. 47 intitutled The Republic v 1. The Chief
Justice of the Republic of Ghana, 2. The Attorney-General – Respondents; Exparte Justice Kwame Ohene-Essel (Rtd) – Applicant.
The learned trial High Court Judge Gifty Adjei Addo J referred articles 146 (3) and (5)
and also 155 (1) (b) of the Constitution 1992 to the Supreme Court pursuant to article
130 (2) of the Constitution for interpretation.
FACTS OF THE CASE
The facts of this case are as follows:-
Arising from the submission of a petition by TIGEREYEPI, a private investigative entity,
acting per Anas Aremeyaw Anas on the 31st of August 2015 to the President of the
Republic of Ghana on allegations of corruption against some members of the Judiciary,
including the Applicant herein, who was at all material times a High Court Judge at
Tarkwa, the President acting in accordance with Article 146 (3) of the Constitution 1992
referred the said petition to the Chief Justice, (1st Respondent herein) to determine
whether a prima facie case for removal of the Applicant has been made.
Based on the allegations made by the TIGEREYEP1 against the Applicant which had been
referred to the 1st Respondent herein, by the President, the 1st Respondent forwarded
the said petition to the Applicant and requested him to respond to same by letter dated
th September 2015.
The Applicant was therefore invited to the office of the 1st Respondent on 10th September
2015, whereupon he was given the letter and copy of the audio visual transcript of the
allegations against him and the Applicant was duly requested to respond to same by 14th
September 2015.
On 22nd September 2015, the Applicant in the company of his Solicitor was given the
opportunity to watch the audio visual recording of his alleged misconduct.
However, the 1st Respondent a