Martin Amidu has sharply criticised retired Chief Justice Sophia Akuffo over her recent public remarks calling for reforms to Article 146 of the 1992 Constitution, which outlines the procedure for removing a sitting Chief Justice.
In a pointed opinion piece, the former Attorney General and anti-corruption campaigner questioned the propriety, legality, and ethical grounds of Justice Akuffo, who is also a serving member of the Council of State, publicly denouncing a constitutional process the President had consulted on her own counsel.
He argued that once a Council of State member has taken the oath of office, they are bound by confidentiality and must refrain from publicly discussing matters on which the council has advised the President—especially when those matters are still active.
“I take the view that a member of the Council of State who has taken the oath of a member of the Council of State has no legal, ethical, and moral authority to mount a public platform… to discuss the constitutionality of a provision of the Constitution… in respect of which the Council of State has been consulted,” Amidu wrote.
His comments come in reaction to statements Justice Akuffo reportedly made during a Constitutional Review Committee (CRC) session organized by the Institute of Economic Affairs (IEA), where she described the Article 146 process as “unfair” and called for it to be made more stringent, including granting a right of appeal to any Chief Justice found guilty by the investigative committee.
Amidu warned that such commentary could be interpreted as a covert attempt to exert influence over a committee currently investigating petitions for the removal of the sitting Chief Justice. He described this as “an impermissible attempt at tacit bargaining using the CRC as her forum.”
He also criticized what he described as a worrying trend among some elite lawyers who consider themselves “exceptional” and above scrutiny.
“There is a breed of lawyers the world over who consider themselves exceptional by virtue of their professional knowledge acquisitions and are above the law… the conduct of Ms. Sophia Abena Boafoa Akuffo… exemplifies one such conduct which must not be allowed to pass without comment,” Amidu stated.
Amidu further contended that Justice Akuffo’s public remarks could mislead the public into believing that she had either opposed or abstained from the confidential consultations of the Council of State on the matter, thereby undermining the legitimacy of the ongoing process.
