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Ghanaian citizen petitions the president to remove the country's Chief Justice

Chief Justice of Ghana, Sophia Akuffo

According to Mensah Thompson, the chief justice breached the laws of the state as she gritted that the African Court's ruling cannot avert the Supreme Court of Ghana from exercising its constitutional rights therefore, she (chief justice) went ahead to set a jury to sit on Mr Alfred Woyome’s case.

This move has triggered Mr Thompson to appeal to the president to remove the chief justice from her position because he thinks the act was a ‘demonstration of incompetence’.

Mr Thompson, in his petition, indicated that “the conduct of the sitting Chief Justice…clearly shows her incompetence in managing the highest office of the judiciary which has a constitutional mandate to be fair, just and equitable in the application of the laws of Ghana.”

He further explain that the African Court for Human and People’s Rights (AfCHPR) last year issued a temporary degree to halt the proceedings on the Woyome Republic of Ghana case which the Chief justice refused to follow.

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He again in the statement said “Mr. President, last year when the interim measure was issued on the state, there were several pronouncements by the deputy Attorney General Godfred Dame indicating that Ghana was not bound by the measure”.

“It was a bit worrying to see the deputy attorney general espouse a position that was clearly in contravention with Article 40 under which the treaty derives its powers locally”, he added

“More worrying was the Supreme Court also came out with a position that it does not share its powers with any other body”, he said to the president.

Mr Mensah Thompson has also appealed to the president to dismiss the current c Attorney General of the country, Miss Gloria Akuffo

Ghana’s constitution

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Article 146 (6) of the 1992 Constitution states that if the president is petitioned for the removal of the Chief Justice, he shall in consultation with the Council of State appoint a committee consisting of two justices of the Supreme Court.

The committee appointed under clause (6) of this article shall inquire into the petition and recommend to the President whether the Chief Justice ought to be removed from office.

Woyome’s case

The Supreme Court, on July 29, 2014, ordered Woyome to refund GH¢51.2 million to the state on the grounds that he got the money out of unconstitutional and invalid contracts between the state and Waterville Holdings Limited in 2006 for the construction of stadia for CAN 2008.

It held, in a unanimous decision, that the contracts upon which Woyome made and received the claim were in contravention of Article 181 (5) of the 1992 Constitution of Ghana, which requires such contracts to be laid before and approved by Parliament.

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The 11-member court, presided over by the Chief Justice, Mrs Justice Georgina Theodora Wood, was ruling on a review application filed by a former Attorney- General and Minister of Justice, Mr Martin Amidu.

Other members of the panel were Justices Julius Ansah, Sophia Adinyira, Rose Owusu, Jones Dotse, Anin Yeboah, Paul Baffoe-Bonnie, N. S. Gbadegbe, Vida Akoto Bamfo, A. A. Bennin and J.B. Akamba.

Alfred Agbesi Woyome

He is a Ghanaian businessman and a former Honorary Vice Consul of Austria to Ghana and a leading member of the National Democratic Congress

He was asked by the supreme court in July 2014 to refund GH¢51.2 million to the state on the grounds that he got the money out of unconstitutional and invalid contracts between the state and Waterville Holdings Limited in 2006 for the construction of stadia for CAN 2008.

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