FRED KWASI AWUAH vs. THE HONORABLE CHIEF JUSTICE AND THE HONORABLE ATTORNEY GENERAL

BENIN, JSC:- Introduction: Plaintiff's case The plaintiff filed a writ before this Court claiming that the Chief Justice, the 1st Defendant herein, has committed infringement of the 1992 Constitution by writing to suspend him from office as a High Court judge, pending impeachment proceedings against him for his removal from office. He claims that it is only the President of the Republic who is empowered to suspend a Judge under article 146(10)(b) of the Constitution. In the affidavit in support of the writ, the Plaintiff recounted the facts leading to the setting up of an impeachment committee to investigate bribery allegation against him. He claims the Chief Justice has no role to play in suspending a judge who is undergoing impeachment. He therefore sought the following reliefs from this court: 1. A declaration that by the true and proper interpretation of Articles 2(1), 130, 146(10) of the 1992 Constitution, it is only the President of the Republic who can suspend a Justice of t...