3 days ago
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Private legal practitioner Martin Kpebu has stated that the President does not necessarily need a response from the Chief Justice before a prima facie determination regarding a petition for removal.
According to Mr Kpebu, there is no breach of the law in President John Mahama’s handling of the process, as some are suggesting.
In an interview on JoyNews' The Pulse on Thursday, he explained that the procedure under Article 146(3) of the 1992 Constitution involves two distinct stages: first, the President, in consultation with the Council of State, must determine if there is a basis for setting up a tribunal or a committee.
Contrary to arguments made by others, he noted that the formation of a five-member tribunal is not automatic but depends on this initial determination.
“In order to make that prima facie determination, you don’t always need the response of the Chief Justice or any other justice of the superior courts,” he stated.
Illustrating his point, he outlined scenarios where a petition may be dismissed outright without requiring the Chief Justice’s input. He explained that if a petition is unsigned or lacks the petitioner’s name, the President may, in consultation with the Council of State, dismiss it as defective.
Additionally, petitions that are incoherent, filled with insults, or lack substantive claims may also be rejected without seeking a response from the Chief Justice.
“What the President cannot do is find merit in a petition and refuse to hear from the Chief Justice before proceeding to the second stage, where a tribunal would be formed,” he clarified.
Kpebu’s remarks come in response to former Deputy Attorney General Alfred Tuah-Yeboah, who earlier insisted that Chief Justice Gertrude Torkornoo must be notified and given an opportunity to respond before any determination is made regarding a prima facie case against her.
Meanwhile, the Chief Justice has requested copies of petitions submitted to President Mahama seeking her removal from office.
In a letter to the President on Thursday, March 27, she appealed for access to the documents to enable her to respond accordingly.

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