Professor Stephen Kwaku Asare, a citizen of Ghana, has petitioned the President to remove Chief Justice Her Ladyship Gertrude Sackey.
Prof. Kwaku Asare, in his petition sighted by Peacefmonline, cited grounds for his demand.
According to him, Her Ladyship is not fit to continue holding her office due to what he termed as “misbehavior and incompetence” on her part.
“The legal basis of my petition is article 146(1) of the 1992 Constitution of the Republic of Ghana [the Constitution]. For the avoidance of doubt, my petition focuses on stated misbehavior and incompetence related to the Chief Justice's administrative functions as head of the judiciary responsible for its supervision and administration under article 125(4) of the Constitution.
“My petition does not arise from the Chief Justice's exercise of her judicial functions. Accordingly, the petition does not challenge any decisions, orders or directives issued by the Chief Justice in the performance of her duties as a Justice of the Supreme Court, including those made to enforce judgments, decrees or orders in cases she has adjudicated. I fully understand, respect, and value the importance of decisional independence”, portions of the petition read.
Prof. Asare continued; “It is my understanding that upon the receipt of this petition, your Excellency shall, acting in consultation with the Council of State, appoint a committee consisting of two J u s t i c e s of the S u p r e m e Court, one of whom you shall appoint as chairman, and three other persons who are not members of the Council of State, nor members of Parliament, nor lawyers. See article 146(6) of t h e Constitution.”
He further stated; “It is my further understanding that the committee shall inquire into the petition and recommend to you whether the Chief Justice ought to be removed from office on the grounds maintained in this petition. I affirm my understanding that all proceedings herein shall be held in camera, and the Chief Justice is entitled to be heard in her defense by herself or by a lawyer or other expert of her choice.”
