Acting Chief Executive of the National Petroleum Authority (NPA), Mr Godwin Kudzo Tameklo has passed Godwin commentary on the sanctity of the Office of the Chief Justice and the process governing its potential removal.
He stressed that the Chief Justice holds the third highest constitutional office in Ghana and must be treated with respect.
“Why doesn’t this surprise you? … The reason is simple … the Chief Justice now removed options are completely gone.,” he said during a panel discussion monitored by MyNewsGh.
Addressing the larger issue of institutional integrity, Tameklo emphasised that the removal process under Article 146 serves to protect the independence of the judiciary.
He referenced the landmark Abban case, pointing out the court’s view that proceedings under Article 146 were designed to safeguard judicial independence rather than be turned into public spectacles.
“If you look … the committee is in-camera. The framers of the constitution did not make the work of the committee under Article 146 a subject of judicial review.”
Tameklo’s comments underline the view that the processes for removal of a Chief Justice are tightly circumscribed.
He argued that because no statutory right of appeal exists under Article 146, the use of judicial review in this context is improper; “An appeal is a creature of statute … when she looked at the option she realised … there is no right of appeal envisaged under Article 146.”
In defending the framework, he asserted that maintaining the confidentiality and structural integrity of Article 146 proceedings is essential for upholding the rule of law and the independence of the judiciary.
