New Patriotic Party (NPP) MP for Manhyia South Nana Agyei Baffour-Awuah says the Supreme Court’s own rulings have weakened the case for keeping the Chief Justice’s removal proceedings behind closed doors.
Speaking on The Forum on Asaase Radio on Saturday (24 May) the lawmaker pointed to what he described as “inconsistencies” in the judiciary’s interpretation of Article 146(8) of the Constitution, which mandates in-camera hearings for the removal of justices of the Superior Courts.
Citing the court’s 2015 ruling in Dery v Attorney General, Baffour-Awuah said, “The Supreme Court acknowledged that it was unconstitutional to breach Article 146(8) but still ruled that such a breach would not invalidate the proceedings.”
“If that’s the position of the court, then what really is the consequence of breaching Article 146(8)?” he asked adding that “[this] begins to look like an inconsequential provision.”
The Chief Justice Gertrude Torkornoo is currently facing a removal petition and has requested that proceedings be held in public, a move that has divided legal minds and drawn strong public interest.
While recognising that the Constitution requires confidentiality, Baffour-Awuah said the Supreme Court’s own precedent complicates the matter.
The MP also warned that the court’s frequent departures from its own decisions under Article 129(3) of the Constitution undermines justice.
“Given the precedent, why can’t we allow her request? Especially when she was appointed through a public process and the people deserve transparency.”
“You cannot have a court that says something today and something different tomorrow…The essence of justice delivery is consistency. It helps us plan our daily lives. It helps us give legal advice that is sound”, he stressed.
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