[2025]DLSC18372 • May 21, 2025 • Supreme Court •
CENTRE FOR CITIZENSHIP CONSTITUTIONAL ELECTORAL SYSTEMS LBG (CenCES) vs. THE ATTORNEY-GENERAL AND 2ORS
The Plaintiff, CenCES, challenged the President's determination communicated on 22 April 2025 that a prima facie case existed against the Chief Justice based on three petitions for her removal. The Plaintiff contended that the determination lacked a reasoned basis and violated constitutional provisions protecting judicial independence and fair trial rights. The President had established a committee to inquire into the petitions and suspended the Chief Justice. The Plaintiff sought declarations that these actions were unconstitutional and an interlocutory injunction to restrain the committee and suspend the suspension warrant pending final determination.
read moreRULING MAJORITY OPINION: KULENDI JSC: INTRODUCTION: 1. On the 15th of May, 2025, the Plaintiff/Applicant, hereinafter called the Applicant, commenced the instant suit invoking the original jurisdiction of this Court, seeking the following reliefs: i. A declaration that upon a true and proper interpretation of articles 17(1), (2), (3), 23, and 296, 146(1), (2), (3)(4) and (6), of the Constitution, the purported determination by the President communicated by the Secretary to the President dated 22nd April, 2025, in respect of three petitions presented for the removal of the Chief Justice does not constitute a determination of a prima facie case and is therefore null, void and of no effect; ii. A declaration that upon a true and proper interpretation of articles 17(1), (2), (3), 146(1), (2), (3) and (6), 125(3), and (4), 127(1) and (2) of the Constitution, the purported determination by the President communicated by the Secretary to the President th...