VINCENT EKOW ASSAFUAH vs. THE ATTORNEY GENERAL

MAJORITY OPINION

TANKO AMADU JSC:

BACKGROUND

(1) By writ, issued on the 27th day of March 2025 the Plaintiff/Applicant (hereinafter referred to as “the Plaintiff”) invoked the original jurisdiction of the Court against the Attorney-General, the Defendant/Respondent, (hereinafter referred to as “the Defendant”) seeking the following reliefs:

(i) A declaration that upon a true and proper interpretation of Articles 146(1),(2),(4),(6) and (7), 23, 57(3) and 296 of the Constitution, the President is mandated to notify the Chief Justice about a petition for the removal of the Chief Justice and obtain his or her comments and responses to the content of such petition before referring the petition to the Council of State or commencing the consultation processes with the Council of State for the removal of the Chief Justice.

(ii) A declaration that upon a true and proper interpretation of Articles 146(1), (2), (4), (6) and (7), 23 and 296 of the Constitution, a failure by the President to notify the Chief Justice and obtain his or her comments and responses to a petition for the removal of the Chief Justice before triggering the consultation process with the Council of State constitutes a violation of Article 146(6) as well as the constitutional protection of the security of tenure of the Chief Justice who is a Justice of the Superior Court of Judicature stipulated in Article 146(1) of the Constitution.

(iii) A declaration that upon a true and proper interpretation of Articles 146(1), (2), (4), (6) and (7), 23, 57(3) and 296 of the Constitution, a failure by the President to notify the Chief Justice and obtain his or her comments and responses to a petition for the removal of the Chief Justice before triggering the consultation process with the Council of State amounts to an unjustified interference with the independence of the Judiciary enshrined in Article 127(1) and (2) of the Constitution.

(iv) A declaration that the failure by the President to notify the Chief Justice and obtain her comments and responses to a petition for the removal of the Chief Justice before triggering the process for her removal, constitutes a violation of the fundamental right to a fair hearing contained in Articles 23 and 296 and renders the consultation processes for the removal of the Chief Justice initiated by the President null, void and of no effect;

*(v) Any other order(s) as to this Honourable Court may seem mee