A member of the National Democratic Congress (NDC) Legal Team, Victor Kwadjoga Adawuda, has defended President John Dramani Mahama’s decision to act on the suspension of the Chief Justice, emphasizing that the president is strictly following constitutional provisions under Article 146.
His remarks come in response to the Minority’s planned protest on May 5 against the Chief Justice’s suspension.
“They want to play the victim. Because they know the number of their people who are being hauled, being taken to NIB and will possibly be taken to court, they want to play the victim and say that ‘oh we said it is going to be trumped up charges against us’”
Victor Kwadjoga Adawuda, NDC Legal Team Member
Mr. Adawuda dismissed the Minority’s upcoming protest as an attempt to manipulate public sentiment rather than a legitimate challenge to constitutional procedure.
“They are behaving as if article 146 was just written four months ago by President John Dramani Mahama and inserted into the constitution… but 146 has always been there”
Victor Kwadjoga Adawuda, NDC Legal Team Member
He refused to let the impression being created by the opposition stand, reminding them that article 146 has been an integral part of Ghana’s 1992 Constitution.
“146 is clear. It has laid down a procedure and the president is just following the procedure,” he explained, stressing that the president’s actions are entirely based on constitutional mandates, and so far, none of the critics have pinpointed a specific breach.
He further challenged critics to identify any wrongdoing by the president, stating, “Have any of them been able to tell you that ‘this is what the president has done and it is wrong?’ None of them.”
Disappointment in the GBA
Turning his attention to the Ghana Bar Association (GBA), Mr. Adawuda expressed disappointment at their stance on the matter, criticizing their statement as vague and unhelpful.
“I was even disappointed… I felt they should have given us that ‘Mr President, you did this. You were wrong. This procedure was wrong.’ Did you see their statement? You could not see the head and tail of the whole thing”
Victor Kwadjoga Adawuda, NDC Legal Team Member
He questioned the GBA’s failure to cite any legal infractions by the president, emphasizing that their call for revocation lacked constitutional basis.
“GBA said they are writing to the president to revoke the petition against the Chief Justice. Which part of the law says that they have that power?”
Victor Kwadjoga Adawuda, NDC Legal Team Member
According to Mr. Adawuda, the president is merely fulfilling a constitutional duty that requires him to act in conjunction with the Council of State in determining the merits of a petition.
Clarifying Procedures
Mr. Adawuda explained that Article 146 outlines a specific procedure where the president, upon receiving a petition, must determine its merit with the Council of State.
If the petition meets the prima facie requirement, it moves to the next stage, giving the affected individual a chance to respond. If not, the process is terminated.
“In the beginning, they tried to say natural justice; when the petition comes, you must send it to the Chief Justice to have a response… No, that is not the procedure in 146”
Victor Kwadjoga Adawuda, NDC Legal Team Member
He criticized suggestions that the Chief Justice should have been allowed to respond immediately upon receipt of the petition, stating that such an approach misinterprets the constitutional procedure.
By her earlier response that was taken, Mr. Adawuda argued that the job of the 5-member committee of inquiry into the petition against her was preempted.
Political Discourse
Commenting on political commentary surrounding the suspension, Mr. Adawuda expressed concern over how some opposition leaders have framed the issue, particularly highlighting comments made by the leader of the People’s National Convention (PNC).
“I listened to the other parties, the leader of the PNC, and I cringed,” he said.
“She wasn’t talking about the constitution, she was talking about women. She was talking about issues that she doesn’t understand”
Victor Kwadjoga Adawuda, NDC Legal Team Member
He concluded by questioning the depth of understanding displayed by critics, suggesting that many had not even read Article 146 before making public comments.
As tensions heighten ahead of the Minority’s protest, the government maintains that its actions remain firmly rooted in Ghana’s constitutional framework under President John Dramani Mahama’s leadership.
