The Member of Parliament for Bawku Central, Mahama Ayariga has intimated that President Nana Addo Dankwa Akufo-Addo acted within the law in dismissing the ASEPA petition.
Speaking on the President’s directive,;he stated that the President acted right by sticking to the structure of the constitution and not accepting the petition to dismiss the Chief Justice.
“Technically, the President per the response says he is bound by the decision in Adjei Twum’s and Attorney General’s case. He’s right and he has the right to comply with the Supreme Court. I cannot fault the President but I fault the Supreme Court. I think that the Attorney General and Adjei Twum’s case was wrongly decided.
“Article 146 of the Constitution is very clear in its language. If you petition the President for the removal of a Supreme Court judge, the President is required to refer the matter to the Chief Justice. And the C.J will have to make a Prima facie determination whether a case has been made.”
Mahama Ayariga
He further said that he is also expecting the committee set up to undertake the issue to do due diligence in its findings and reportage.law
“This is an interesting angle with various legal angles to tackle the issue from. I’m expecting the committee set up to determine the facts to do so.
“I have read the President’s response and I am bound by the Supreme Court’s decision by Agyei Twum and the Attorney General to send the petition to the Attorney General so that we can jointly make a decision to determine a Prima facie on the issue to determine whether a case has been made by the petitioner.”
Mahama Ayariga
Case is flawed
Mr. Ayariga also noted that the Supreme Court and Adjei Twum’s case is flawed because, determining a Prima facie case is essentially a Judicial function. He further revealed that, Article 126 says that Judicial function is vested in the Judicial service.
He explained that what the Supreme court did in the Agyei Twum’s case was to take a judicial function and entrust it in the hands of the President and the council of state. Something, he says, the constitution clearly does not allow.
He also averred that the directive by the Chief Justice to the IGP was a right move because it is a General legal matter of concern.
Mr. Ayariga then urged both the Public and stakeholders to wait on the IGP’s report to help in determining the case, adding that the public must have confidence in its institutions.
Petition dismissal should be a warning
Also adding his voice to the discussion,;Charles Bissue, Eastern Regional Secretary for NPP,;said the dismissal of the petition should serve as a warning to the practice of acting based on hearsay in the country.
“You cannot always smear people with hearsay and come out and think an institution will actually fall for it.”
Charles Bissue
He further averred that the case being given to two different bodies to investigate is a waste of state resources.law
“Having the same person being investigated by two different institutions [ Police IGP and State committee] on the same matter. I mean it baffles me.” Also
Charles Bissue
