Accra, June 14, GNA 96 Mr Bright Akwetey, an Accra-based legal practitioner, has filed a writ at the Fast-Track High Court asking for the suspension of the Chief Justice from office pending the inquiry into allegations he had made in a petition to President John Agyekum Kufuor. In a 93Motion on notice for judicial review for an order of mandamus order 55; Mr Akwetey said he was applying for an order of Mandamus to compel the President and the Council of State to act in compliance with provisions of Article 146 (10) (a) of the 1992 Constitution in respect of a petition he submitted for the removal of the Chief Justice Mr Justice Kingsley Acquah from office upon stated grounds.
He said: 93The Mandamus should issue to compel the President His Excellency Mr John Agyekum Kufuor and the Council of State to perform their public duties under Article 146(10) (a) of the Constitution, by suspending the Chief Justice from office, pending the inquiry into the matters alleged in the Petition dated 13th January, 2006 by the Committee that has been set up to conduct the inquiry.=94 The suit was filed against the Attorney-General.
In his affidavit Mr Akwetey said he had in a petition to President Kufuor requested that Chief Justice Mr Justice George Kingsley Acquah be removed from office in accordance with Article 146(6) of the 1992 Constitution.
The petition said the grounds for the request were abuse of office and judicial misconduct of the Chief Justice. Mr Akwetey said the grounds on which his relief was being sought in his writ were that the suspension of the Chief Justice was a public/ official/ constitutional duty that must be performed in the circumstances of the case.
He said the delay in complying with Article 146 (10) (a) was causing the CJ to flout the rules of natural justice by empanelling his own court to hear his case, thus being a judge in his own cause. Mr Akwetey also said he was seeking the relief because the CJ would interfere with the proceedings if he remained in office during the enquiry.
He said there had been "stated misbehaviours" of abuse of office and judicial misconduct alleged against the CJ and this required prompt action by both the President and the Council of State.
"The victims of the CJ's punitive transfers and victimisation must be guaranteed the freedom, independence and the courage to assist in the enquiry."
In his affidavit, Mr Akwetey said the CJ had adopted a habit of instructing judges on the nature and types of decisions to hand down in respect to particular cases before them, adding that this constituted serious judicial misconduct.
He said in his petition to the President he stated that the CJ victimised Mr Emmanuel Ankamah; Mr Anthony Oppong and Mr Williewise Kyeremeh, all Circuit Court Judges at the time, by sending them on punitive transfers outside Accra for failing to comply with such instructions.
He said the President set up a Committee of Inquiry in accordance with the Constitution to investigate the matters he had alleged in his petition.
"In spite of the fact that the names of the members of the Committee to inquire into the matters alleged in my petition have been announced publicly in the second week of March 2006, the President has still not acted in compliance in Article 146(10(a).
"The situation has allowed the Chief Justice to continue to publicly undertake certain activities to create the impression that he is still in charge and that the President will not act against him in accordance with Article 146 (10) (a)."
Mr Akwetey said he was served with a writ dated March 15, 2006 issued against him by Frank Adjei Twum of the Statesman Communications Limited, which invoked the original jurisdiction of the Supreme Court for the interpretation of Article 146(3)(4) and (6) and seeking various declarations on articles 125(4), 127(2) and 146(8) of the Constitution. He said before he and the Attorney-general could file their statements of cases in reply he received a hearing notice from the registry of the Supreme Court requesting him to attend the hearing of the case. =93This was a clear signal to me that the CJ is in a hurry to have the matter before the Supreme Court heard on his terms.=94 Mr Akwetey said he, therefore, wrote to the President on April 27 requesting him to comply with Article 146(10)(a) by suspending the CJ from office so that he did not use his prerogative of empanelling judges in the Supreme Court to constitute the Court that would hear the suit filed against him. =93The conduct of both the President and Council of State amounts to a violation of the Constitution, which violation has serious consequences for the administration of justice in this country, particularly where the President came to power on a platform of: 93Zero tolerance for corruption.=94 14 June 06
