Private legal practitioner Mr Tachie Antiedu has reacted to the request by Chief Justice Her Ladyship Gertrude Esaaba Torkornoo to President John Dramani Mahama to be presented with copies of the petitions seeking her removal.
The lawyer and author argue that the Chief Justice does not require copies of the petitions at the time of determining the prima facie case.
In a Facebook post, Mr Antiedu explained that if the petition against her travels to the committee state, then it would be justified for her to be granted copies of the petition seeking her removal.
He stated in his post that ‘’prima facie case determination stage is meant to stop frivolous, vexatious or otherwise baseless petitions from causing unnecessary setting up committees to undertake needless inquiries, and nothing else, Determination of a prima facie case does not involve any form of trial, and no such right exists’’.
The Chief Justice has written to President John Dramani Mahama requesting copies of the petitions seeking her removal so she can respond appropriately.
The Chief Justice emphasises that due process must be observed and asks to be granted at least seven days after receipt of the petitions to submit her response before any consultation proceeds as enshrined under Article 146(6) and (7) of the Constitution.
“I am by this letter humbly and respectfully asking His Excellency the President and eminent members of the Council of State to forward the petitions against me to me and allow me at least seven days after receipt of the same to provide my response to you, which response can then form part of the materials that you conduct the consultation anticipated under 146(6), before the possible setting up of a Committee of Inquiry under article 146(7),” part of the letter stated.
But the lawyer in his post stated that ‘’You don’t need a copy of the petition at the point of determination of a prima facie case . If the petition travels to the committee stage, then by necessity, you ought to know the content of the petition seeking your removal to enable you prepare for your defence. The prima facie case determination stage is meant to stop frivolous, vexatious or otherwise baseless petitions from causing unnecessary setting up committees to undertake needless inquiries, and nothing else, Determination of a prima facie case does not involve any form of trial, and no such right exists.
I disagree judicial precedents on this issue including the Agyei-Twum case and strongly believe that the SC would depart from same, as constitutional right, on re-litigation. How can you say that all article 146 proceedings should be held in private but the judge against whom the petition seeks a removal must be heard at that initial stage. The question that requires legal re-interrogation is the true purpose of the initial process of prima facie case determination. I hold the considered view that it’s a mere screening activity which does not determine the right or liability of anyone. Hence, no such right exists.’’
By: Rainbowradioonline.com/Ghana
