A private legal practitioner, Kwame Adofo, says the Chief Justice’s determination that there is no prima facie case in petitions seeking the removal of key constitutional office holders effectively ends the matter, stressing that neither the President nor the courts can override that decision.
Speaking on the Asaase Breakfast Show on Thursday (19 February), Adofo explained that in constitutional terms, a finding of “no prima facie case” simply means “there is no case to answer.”
“After looking at the petition and the evidence that was provided, the judge or the Chief Justice forms the view that there’s no case for the respondent or the people who are accused to answer. In essence, that’s what it means,” he said.
His comments follow the decision by Paul Baffoe-Bonnie, who reportedly informed John Mahama that petitions seeking the removal of Jean Mensa, her deputies and Kissi Agyebeng did not establish sufficient grounds to warrant further investigations under Article 146 of the Constitution.
Threshold and process
According to Adofo, the prima facie stage is not a superficial review but involves examining both the allegations and any supporting evidence, as well as allowing the affected persons an opportunity to respond.
“You first look at the allegation. On the face of it, is there a need to ask somebody to answer? Even then, you give the person a hearing,” he said, stressing that the right to be heard is a cornerstone of Ghana’s justice system.
He noted that responses from accused officials can sometimes show that “there’s no case anyway to move to the next stage.”
President bound by decision
The lawyer was categorical that once the Chief Justice makes such a finding, the President has no discretion to proceed further.
“Once the Chief Justice forms a view that there is no prima facie case, that’s the end of the matter. The President is bound by it,” Adofo said. “The President doesn’t make that decision. The decision is made by the Chief Justice.”
He said the arrangement reinforces checks and balances by preventing the executive from unilaterally removing constitutionally protected office holders.
“I would rather put my faith in a judge than to put my faith in a politician,” he added.
Insulated, but not immune, from pressure
While acknowledging that political pressure on institutions such as the Electoral Commission of Ghana and the Office of the Special Prosecutor is inevitable, Adofo said robust legal safeguards help protect their independence.
“You cannot have a system where there will be no political pressure. But what we can do is put systems in place that protect the independence of certain institutions,” he said.
No judicial review
On whether the Chief Justice’s determination can itself be challenged in court, Adofo answered in the negative.
“The answer is no. Because the constitution says he makes that decision. So once he has made that decision, that should be the end of the matter,” he said.
However, he supported calls for greater transparency, arguing that the reasoning behind such decisions should be made public after the in-camera process ends.
“Knowledge is power for all of us. I think it should be made public, so we know exactly what happened,” he said.
For now, he maintained, the Chief Justice’s finding closes the current petitions unless new ones are filed with fresh allegations and evidence.
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