VINCENT EKOW ASSAFUAH (PLAINTIFF/APPLICANT) vs. THE ATTORNEY GENERAL

The Plaintiff/Applicant challenged the President's process for the removal of the Chief Justice, alleging that the President failed to notify the Chief Justice and obtain her comments on petitions for her removal before initiating consultations with the Council of State, thus violating constitutional provisions protecting the Chief Justice's security of tenure and judicial independence. The President had publicly announced receipt of petitions and forwarded them to the Council of State before the Chief Justice was formally notified. The Chief Justice later requested and received copies of the petitions and submitted responses, which were considered by the Council of State. Subsequently, a committee was set up to investigate the petitions, and the Chief Justice was suspended pending the inquiry.

RULING MAJORITY OPINION TANKO AMADU JSC: BACKGROUND (1) By writ, issued on the 27th day of March 2025 the Plaintiff/Applicant (hereinafter referred to as “the Plaintiff”) invoked the original jurisdiction of the Court against the Attorney-General, the Defendant/Respondent, (hereinafter referred to as “the Defendant”) seeking the following reliefs: (i) A declaration that upon a true and proper interpretation of Articles 146(1),(2),(4),(6) and (7), 23, 57(3) and 296 of the Constitution, the President is mandated to notify the Chief Justice about a petition for the removal of the Chief Justice and obtain his or her comments and responses to the content of such petition before referring the petition to the Council of State or commencing the consultation processes with the Council of State for the removal of the Chief Justice. (ii) A declaration that upon a true and proper interpretation of Articles 146(1), (2), (4), (6) and (7), 23 and 296 of the Constitution, a failure ...