The government has rejected suggestions that the proceedings of the Chief Justice’s removal are politically motivated, maintaining that all actions taken have been in strict compliance with the 1992 Constitution.
Speaking at a press briefing on Wednesday, the spokesperson of the president and Minister of State in charge of Government Communications, Felix Kwakye Ofosu, stated categorically: “Let me place on record, without fear of contradiction, and let me be clear that no such political agenda exists.”
The minister emphasized that the President has maintained constitutional fidelity throughout the process.
“From the very first steps in this matter, the president has kept fidelity to the constitution and has respected the spirit and letter of the constitution. Everything he has done has been by the book,” he said.
He explained that the President was bound by constitutional obligations, noting that “His Excellency, the president took an oath to which he was incidentally sworn by her leadership, the Chief Justice herself. And in that oath, he swore to abide by the 1992 constitution.”
The minister argued that the President had no discretion in the matter once petitions were received.
“He has had no choice in the matter. The president cannot say that he has a view about how things should be done. And therefore, if petitions have come, he will fail to act. If he did that, he himself would be in breach of the constitution.”
Defending the government’s approach, the minister emphasized that all public officials are subject to Ghanaian law.
“Every single public official, from the president, to the speaker, to the Chief Justice, to Supreme Court judges, to ministers, to all public office holders, are bound by the provisions of Ghanaian law,” he said.
The minister stated that the President has operated by the guiding principle that once Ghanaian law dictates that certain processes be undertaken in respect of some alleged misconduct, the rules must come to play.
The government expressed regret over the Chief Justice’s public commentary on the matter, noting that “the constitution requires confidentiality on the part of all parties.”
The minister said it would have been desirable that that constitutional provision was respected by her leadership, the Chief Justice, so that we do not have to engage in public commentary up until the time that the committee looking to the matter makes their determination.
He maintained that the presidency has never put out anything in any way, shape, or form that remotely resembles any of the contents of the petition.”
The briefing comes amid ongoing proceedings related to petitions filed against the chief justice, Justice Gertrude Araba Esaaba Sackey Torkornoo, with the government maintaining that all constitutional processes are being properly followed.
The suspended Chief Justice asserted in her press briefing on Wednesday that every step taken by the government to remove her from office has violated the 1992 constitution