Even if you won’t listen to us, remember your oath – Akufo-Addo’s former lawyer tells Mahama

Lawyer Kow Essuman, former legal counsel to former President Nana Akufo-Addo, has urged President John Dramani Mahama to uphold the rule of law in the ongoing controversy surrounding the Chief Justice's removal process.

In a statement addressing the matter on March 27, 2025, Essuman expressed concern over the Chief Justice's inability to access the petitions filed against her, which form the basis of the President's consultations with the Council of State.

"I have seen lawsuits filed in the Supreme Court and a letter from the Chief Justice addressed to the President and the Council of State. The main point of these documents is that the Chief Justice has yet to receive these 'so-called' petitions lodged with the President, which form the basis of the ongoing prima facie determination consultation between the President and the Council of State," he said.

He cited a 2016 Supreme Court ruling in Dery v. Tiger Eye P.I. to emphasize the importance of granting the Chief Justice a fair hearing before any determination is made regarding her removal.

"The rules of natural justice and the right to a fair hearing dictate that the Chief Justice should at least be given an opportunity to respond to the petition before a prima facie determination is made."

Despite believing that Mahama may not heed his concerns, Essuman reminded the President of his duty to uphold the country's laws.

"I know President Mahama will not listen to me, but he took an oath to uphold the laws of this country, and therefore, he should honour his commitment to that oath."

The controversy follows Chief Justice Gertrude Sackey Torkornoo's formal request for access to the petitions submitted to President Mahama seeking her removal from office.

In a letter dated March 27, 2025, addressed to the President, she requested copies of the documents to enable her to respond accordingly.

"I am by this letter humbly and respectfully asking His Excellency the President and eminent members of the Council of State to forward the petitions against me to me, and allow me at least seven days after receipt of same to provide my response to you. This response can then form part of the material used in your consultations under Article 146 (6), before the possible setting up of a Committee of Inquiry under Article 146 (7)," she stated.

Her request comes after President Mahama's decision to consult the Council of State following the receipt of three separate petitions calling for her removal.

Minister for Government Communications Felix Kwakye Ofosu has confirmed that the petitions have been forwarded to the Council of State in accordance with Article 146 of the 1992 Constitution.

The Council of State is expected to review the petitions and advise the President on the next steps.

I have seen lawsuits filed in the Supreme Court and a letter from the Chief Justice addressed to the President and the Council of State. The main point of these documents is that the Chief Justice has yet to receive these "so-called" petitions lodged with the President, which…

— Kow Essuman (@kaessuman) March 27, 2025