Private legal practitioner Martin Kpebu has stated that the President is not obligated to seek a response from the Chief Justice before making a prima facie determination on a petition for removal.
“In order to make that prima facie determination, you don’t always need the response of the Chief Justice or any other justice of the superior courts,” Kpebu explained in an interview on JoyNews’ The Pulse.
He, however, clarified that while the President has the discretion to assess whether a petition has merit at the initial stage, due process must still be followed.
“What the President cannot do is find merit in a petition and refuse to hear from the Chief Justice before proceeding to the second stage, where a tribunal would be formed,” he emphasized.
Kpebu’s remarks come after the Chief Justice wrote to President John Mahama and the Council of State, requesting copies of petitions seeking her removal.
In a letter dated March 27, she expressed concern over being denied access to the documents, despite the Presidency confirming their existence. She argues that constitutional justice demands she be informed of the allegations and given the opportunity to respond.
“It is the most fundamental precept of the common law and our constitutional dispensation that no consideration that affects the rights of a defendant can be made unless the defendant has been given notice of the contents of a charge and an opportunity to respond,” she stated.
