The Progressive Peoples Party (PPP), in a Press Statement, has praised President John Dramani Mahama for following due process so far in acting on the three petitions seeking the removal of the Chief Justice,
Gertrude Araba Esaaba Sackey Torkornoo.
The party, “wish to reiterate our firm belief that the suspension, as executed by the President, was lawful and in full compliance with the due process of law as enshrined in our 1992 Constitution”.
The statement issued by Nana Ofori Owusu,
Chairman of the
Progressive Peoples Party said, “Due process
necessitates adherence to established principles of procedure, respect for the rule of law, and the safeguarding of an individual’s rights. In this instance, it is our understanding that the President acted on the advice of the Council of State in suspending the Chief Justice”.
Below is the full statement:
28th April, 2025
FOR IMMEDIATE RELEASE
Progressive Peoples Party (PPP) Statement on the Suspension of the Chief Justice
Accra, April 28, 2025 – The Progressive Peoples Party (PPP) has been following with keen interest the recent suspension of the Chief Justice of the Republic of Ghana.
We wish to reiterate our firm belief that the suspension, as executed by the President, was lawful and in full compliance with the due process of law as enshrined in our 1992 Constitution.
Due process necessitates adherence to established principles of procedure, respect for the rule of law, and the safeguarding of an individual’s rights. In this instance, it is our understanding that the President acted on the advice of the Council of State in suspending the Chief Justice. This action followed a preliminary determination of a prima facie case against the Chief Justice, made by the President in consultation with the same Council of State.
Furthermore, we acknowledge that the Chief Justice was allowed to respond to the specific allegations outlined in the petitions presented. This process, in our view, unequivocally demonstrates the President’s commitment to adhering to laid down procedures, upholding the rule of law, and respecting fundamental human rights.
The Constitution remains the supreme law of our land, applicable to all persons and in all circumstances. Therefore, the PPP maintains its position that no constitutional provisions have been breached by the President in the matter of the current Chief Justice. We call upon all parties to remain calm and allow the constitutional processes to proceed without hindrance.
We find it pertinent to express our concern regarding the stance taken by the Ghana Bar Association (GBA). As an association of learned lawyers, we had hoped the GBA would affirm the adherence to due process in this matter. Instead, their call for a “suspension of the CJ’s suspension” is perplexing and could be interpreted as an attempt to suspend due process itself, potentially setting aside portions of our Constitution.
Such calls from the GBA and other entities are not only a threat to our democratic principles but also suggest a selective and subjective application of the law, contingent on the individuals involved. While we respect the democratic right of individuals and groups to defend the Chief Justice and advocate for her reinstatement, we must also underscore the fundamental principle of accountability within a democracy.
The principle of strict separation of powers, crucial for preventing interference between the arms of government, must not preclude the opportunity for citizens to hold the heads of these institutions accountable. It is in this spirit that the Constitution provides clear avenues for holding not just the Chief Justice but also the President and the Speaker of Parliament accountable.
For clarity, our Constitution lays out explicit procedures for the removal of the President, the Speaker of Parliament, the Chief Justice, Ministers of State, Members of Parliament, and other public officeholders. In the specific case of the Chief Justice, Article 146 clearly outlines the procedure to be followed, and we assess that these provisions have been fully respected by the President in the current situation.
The privileges, conditions of service, powers, and honor bestowed upon the heads of the three arms of state necessitate that they are held to the highest standards of accountability.
We recall the events of 2018 concerning the removal of members of the Electoral Commission, including its Chairperson. The PPP’s position at the time was clear: if these individuals had not engaged in acts of stated misbehavior and incompetence, there would be no basis for their removal. Ultimately, the Committee of Inquiry found procurement violations constituting stated misbehavior, leading to the Chairperson’s removal, a process later validated by the Supreme Court.
Therefore, in our defense of the Chief Justice, we must not lose sight of the essential requirements of accountability, due process, the rule of law, and absolute compliance with constitutional provisions.
Signed,
Nana Ofori Owusu
Chairman
Progressive Peoples Party
