Host of News File on Joy FM, Sampson Lardi Ayenini says he is not the least surprised by the outcome of the petition filed for the removal of the Chief Justice, Kwasi Anin-Yeboah,
In his view, the petition as filed by the Petitioners was nothing short of a “joke“ destined to yield no results.
Mr. Ayenini who is also a private legal practitioner in a Facebook post opined that the petition was based on “rumor and hearsay” .
He wrote: “Pray – I have just done a quick read through a 12-page (+cover letter) prima facie determination on the petition for removal of the CJ. It supports my prediction and professional expectation. But I am sincerely shocked it got this much attention – 12-pages?!”
“If article 146 impeachment were to be reduced to such a joke, which liable office-holder will have any space to work? All anybody needed to do will be to file a petition based on nothing but rumour and hearsay without supplying a scintilla of evidence in support.”
Mr. Ayenini continued:” Put yourself in that place where someone simply throws words on paper accusing you of misconduct or crime and that is the only basis for you to be put on trial. You may google up my article on the article 146 process.”
The News File Host’s comments come hours after President Akufo-Addo booted out the petition calling for the dismissal of the Head of the Judiciary.
The president on Monday described as unwarranted and unmeritorious a petition seeking the removal of Anin-Yeboah, from office.
The Chief Justice has been in the news lately following allegations by private legal practitioner, Kwasi Afrifa that he had demanded a $5million bribe to deliver a favorable judgment in a case involving his (Afrifa’s) client.
The CJ has since denied the allegations and asked the Police CID to probe the matter.
ASEPA, the Civil Society Organisation which petitioned the President for the CJ’s removal from office, contended that the CJ is unfit to hold office, based on the allegation by Lawyer Kwasi Afrifa.
Under Article 146(6) of Ghana’s 1992 Constitution, the President, upon receipt of such a petition, must act in consultation with the Council of State to appoint a committee consisting two Justices of the Supreme Court and three other persons who are not members of the Council of State, nor Members of Parliament, nor lawyers to inquire into the petition and make a recommendation.
The Supreme Court case of Frank Agyei Twum v Attorney General and Bright Akwetey introduced the additional requirement of a prima facie determination during this consultation. The Court, speaking through Justice Date-Bah noted as follows
“..the consultation by the President with the Council of State in respect of the appointment of a Committee to inquire into a petition for the removal of the Chief Justice, shall first determine whether the said petition discloses a prima facie case before the Committee is appointed.”
President Akufo-Addo in a letter dated August 20, 2021 communicated the outcome of his consultation with the Council of State, to ASEPA. The President in the response to ASEPA noted that the petition is not anchored on any allegation made directly or emanating from the petitioner but rather allegations made by Lawyer Akwasi Afrifa.
The President said, this is a reproduction of a third or fourth hand hearsay as basis seeking to trigger serious process of the removal of the CJ. No evidence, the President argues, is attached to the petition beyond Mr. Afrifa’s response and a request by the Judicial Secretary to the Ghana Police Service to investigate the allegations.
The President indicated that these allegations are unsubstantiated. He therefore concluded that the petition does not meet the threshold of proffering sufficiently strong evidence in support of the allegations. Neither does it attempt to substantiate any claim of any form. The President concluded thus, “The petition is dismissed accordingly.”
Source: Kofi Yirenkyi
