By Savannah Pokuaah Duah
The Member of Parliament (MP) for Old Tafo, Vincent Ekow Assafuah, has argued that President John Mahama overstepped his constitutional authority in the recent suspension of the Chief Justice, drawing a distinction between this case and the 2017 removal proceedings against former Electoral Commissioner Charlotte Osei.
The lawyer presented the argument during a discussion on GTV’s Breakfast Show on April 20, 2025, focusing on the question of “Defending justice or playing politics?” in relation to the Chief Justice’s suspension.
The lawyer acknowledged the gravity of the situation. “With the greatest of respect, in 2017, if you look at the petition that was leveled against Charlotte Osei, Charlotte Osei actually fell on her own sword. It was her own deputies who made allegations against her. And those allegations were about procurement breaches,” he stated.
However, the lawyer drew a crucial distinction between the Osei case and the current situation. “Again, the Electoral Commission is not an arm of government, so we can’t equate it with the judiciary. If today you want to remove the Speaker of Parliament, don’t you think that the allegations leveled against the Speaker should be grave before impeachment processes can be triggered?” He questioned.
The MP also emphasized that the then Chief Justice Sophia Akuffo was simply fulfilling her constitutional duty in the Shallot Osei case. “In the case of Sophia Akuffo, she had no option but to establish the committee after the President of the Republic forwarded the petition to her. Sophia Akuffo was performing her constitutionally mandated role as Chief Justice at the time. However, the President isn’t performing his constitutionally mandated role as President,” Lawyer Ekow asserted.
Lawyer Ekow further argued that the President’s actions raised constitutional concerns. “Judge-made laws and case law suggest that a prima facie case needs to be established,” he said. “His Excellency the President has established a prima facie case, but I’m suggesting that the process leading to its establishment can’t be right under the Constitution of the Republic of Ghana.”
According to the legislator, this discrepancy was crucial, and he was praying for the Supreme Court to understand the relief he had brought before them. “That’s why I’m praying the Supreme Court to understand the relief I’ve brought before them and see sense in what I’m saying, so it can guide future Presidents.”
