The Movement for Change has expressed its satisfaction with President Mahama’s decision to suspend the Chief Justice following the establishment of a prima facie case in the three petitions filed against her. They pointed out that the decision aligns with the constitutional procedure stipulated in Article 146.
In a press statement, they cautioned political actors, especially the New Patriotic Party and the National Democratic Congress, to refrain from politicizing the ongoing process.
They emphasized their commitment to closely monitoring developments, bearing a sense of responsibility to ensure that the outcome reflects fairness and justice.
“As a movement rooted in the will of the people, we assert that the Constitution of Ghana outlines the procedure for the removal of a Chief Justice under Article 146.
“The 1992 Constitution is the bedrock of our democracy, and we acknowledge that the President’s action taken on the advice of the Council of State and following a prima facie determination, adheres to the procedural framework outlined in Article 146,” the statement read.
Giving credence to Article 146 of the 1992 Constitution, the Movement for Change urged the five-member committee constituted to investigate the matter, whose findings are binding on the President, to exercise fairness in the inquiry, as its outcome will benefit the country’s democracy.
“The President, having set up a five-member committee to look into the petition and subsequently suspending the Chief Justice, has taken steps that are well grounded in the Constitution of Ghana, which is the soul of the nation.
The Movement at this stage would like to call on the committee members to be fair to both sides so that the outcome of their work will further shape and deepen the democracy of this country,” the statement continued.
They further raised concerns about perceived shortfalls in the 1992 Constitution, arguing the framework does not fully guarantee fairness in such procedures. In view of this, they called on the Constitutional Review Committee, headed by Prof. Kevin H. Prempeh, to consider reviewing the procedure for the removal of State officials.
Commenting on the recent position taken by the Ghana Bar Association, expressing solidarity with the embattled Chief Justice and calling for the procedure to be discontinued, the Movement described the Association’s call as ‘shocking’, questioning their lack of legal grounds for their call.
“The Movement believes that as an Association committed to the rule of law, their calls must be based on legal grounds. We would have agreed with them if their call had been grounded in law, quoting relevant provisions of the Constitution to buttress their case.”
“The Ghana Bar Association must not be the reason the laws of the country are undermined. While we respect their right to advocate for the Chief Justice, such a stance risks conflating the defense of an individual with the defense of due process itself,” they stated.
They further suggested that the Constitutional Review Committee take a look at their proposal for the establishment of a Second Chamber, which shall consist of statesmen and women to replace the Council of State, and be vested with appointing and dismissal powers over certain high-level officials.
“The Movement for Change once again calls on the Constitutional Review Committee to consider our policy proposal for Ghana to establish a Second Chamber, made up of statesmen and women, to replace the Council of State.
Their responsibilities would include recruiting heads of arms of government such as the Chief Justice, Speaker of Parliament, Electoral Commissioner, Inspector General of Police, Chief of Army Staff, among others, and would also be endowed with the responsibility of removing such officials from office , to eliminate the over-partisan politics usually perceived to be associated with the removal of such personalities,” the statement concluded.