Hon. Felix Kwakye Ofosu, Minister of State in charge of Government Communications and Spokesperson to President John Dramani Mahama, has strongly defended the decision to refer the petition seeking the removal of Chief Justice Gertrude Torkonoo to the Council of State.
His remarks come amid heated debates on the constitutional basis and political implications of the petition.
Speaking in a recent media engagement, Hon. Kwakye Ofosu emphasized that President Mahama, in accordance with the law, acted as a “conveyor belt” in forwarding the petition to the Council of State.
He clarified that the President is not required to make a determination on the merits of the petition before referring it for further consultation, as dictated by the constitutional process.
“First of all, the President does not need to make any form of determination in terms of merit. He is merely a conveyor belt. It is his duty to consult the Council of State and make a decision as to whether or not to move the process forward.
“So we are at that stage, currently. When that determination is made, then the next steps will be followed as clearly indicated in the constitution.”
Hon. Felix Kwakye Ofosu, Minister of State in charge of Government Communications
His response underscores the legal framework governing the removal of high-ranking public officials, which prevents arbitrary decisions and ensures due process.
The Council of State, he explained, plays a critical advisory role in assessing the validity of petitions before further actions are taken.
Expected Timeline and Next Steps
On the question of how long the Council of State’s review might take and the next procedural steps if they advise proceeding with the petition, Kwakye Ofosu noted that the timeline is entirely within the discretion of the Council of State.
“The Council of State will determine the time that they take to move the process. So once they bring in the advice, the President will act accordingly”.
Hon. Felix Kwakye Ofosu, Minister of State in charge of Government Communications
According to Kwakye Ofosu, after the Council of State advises, the next step would involve forming a committee, including two Supreme Court justices and other qualified individuals, to thoroughly examine the petition’s claims before making recommendations.
Ensuring Judicial Independence and Avoiding Politically Motivated Petitions
One of the most contentious aspects of this petition has been the perception that it may be politically motivated.
Many critics have suggested that allowing such a petition to progress could set a dangerous precedent for politically driven removals of judicial officers.
Addressing these concerns, Kwakye Ofosu was emphatic that the constitution itself anticipates such scenarios and provides safeguards against arbitrary removals.
“To begin with, the constitution itself anticipates that public office holders, including the President, can become the subject of demands for removal based on perceived or alleged wrongdoing. For that reason, the framers of the constitution put in place rigorous mechanisms to regulate such a process”.
Hon. Felix Kwakye Ofosu, Minister of State in charge of Government Communications
According to him, it is not the case that once a petition is flagged, the President proceeds to remove anybody, asserting that the President does not have the power to do so.
For him, the constitution requires that a process involving a committee of persons who have the capacity to make a determination, including two Supreme Court justices, dismissing claims of arbitrary motives.
“So it is not a habitual, arbitrary process based on or motivated by any thinking of a President. It is a process laid down by Ghanaian law, which will be followed as long as every criterion and every threshold is met”.
Hon. Felix Kwakye Ofosu, Minister of State in charge of Government Communications
By highlighting the constitutionally mandated process, he dismissed concerns that the petition’s progress is politically motivated or designed to interfere with the judiciary’s independence.
When asked whether the petition was based on allegations of misconduct, incompetence, or other concerns, Kwakye Ofosu declined to disclose specific details.
However, he assured the public that all necessary information would become available once the process moves forward. “Once the determination is made to move the process forward, those details will emerge,” he stated.
Transparency and Public Confidence in the Process
With judicial matters being sensitive and often conducted behind closed doors, concerns have been raised about how transparency will be maintained throughout this process.
Responding to this, Kwakye Ofosu expressed confidence that adherence to constitutional provisions is sufficient to ensure transparency and public trust.
“Well, the constitution was written by persons who were well-meaning. And to the extent that the constitutional provisions are followed, there should be no cause for concern in terms of transparency or the lack of it.
“All that is happening is that the constitution of the Republic of Ghana, which dictates how such a process should be carried forward, is being adhered to”.
Hon. Felix Kwakye Ofosu, Minister of State in charge of Government Communications
He also took aim at critics from the New Patriotic Party (NPP), accusing them of double standards.
“The NPP is in no position to offer any lectures to the government on this matter, given the very things that they did. If they thought that President Akufo-Addo had the power to do what he did, then indeed the constitution said he had the power to do so when he did so, and they were happy with it;
“they applauded him, they supported him. On what basis do they seek to impute any motive beyond wanting to follow the constitution to the letter in this particular process?”.
Hon. Felix Kwakye Ofosu, Minister of State in charge of Government Communications
Kwakye Ofosu reaffirmed that President Mahama is simply fulfilling his constitutional mandate.
“The President has received petitions. The President swore an oath before the people of Ghana to abide by the dictates of the constitution. So if he is required to take a step pursuant to constitutional provisions, he must be allowed to do so”.
Hon. Felix Kwakye Ofosu, Minister of State in charge of Government Communications
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