"Go On With Your Demo, CJ Removal Process Will Continue" – Amalliba Tells NPP
Blunt private attorney, Martin Kpebu Amalliba, has responded angrily to the New Patriotic Party's (NPP) recent demonstrations against the current process of the removal of Ghana's Chief Justice. During an interview with media professionals in Accra, Amalliba dismissed the party's demonstrations, indicating that the constitutional process for the potential removal of the Chief Justice will continue unabated, regardless of whatever public demonstrations there are.
To Amalliba, the NPP protests, though a manifestation of democratic freedom, are immaterial to the constitutional provision that directs the judiciary's internal disciplinary proceedings. "Let them continue with their demonstration. It is their right to protest. But the process to decide the Chief Justice's destiny will go on without hindrance," he asserted.
The row comes after a group of citizens initiated a petition requesting the removal of the Chief Justice on allegations of breach of judicial ethics and abuse of office. The petition, which was tabled before the President, has already initiated the constitutional process, which includes the decision by the President to establish a prima facie case, followed by the establishment of a committee to thoroughly investigate the matter at hand.
Amalliba emphasized that the framers of Ghana's Constitution deliberately insulated the judiciary from political influence so that disciplinary actions are pursued according to set procedures and not the whim of parties. "The judiciary should be a sacred institution. If there are grave allegations, they should be investigated without favor or fear. Political parties cannot intimidate or bully the constitutional process into submission," he argued.
He also cautioned the public against attempts to politicize the judiciary, asserting that it would have long-term implications for the democratic fabric of the nation. "If today we allow the ruling party to shout down legitimate processes just because they find them uncomfortable, what tomorrow when they are in opposition?" he asked.
In response to accusations by some members of the NPP that the petition is a culmination of an underlying political conspiracy against the government, Amalliba was candid: "Every citizen has the right to petition for accountability. If the Chief Justice is innocent, the investigative process will clear him. There is no need for panic or baseless accusations."
Amalliba is supported in her opinion by other prominent legal brains, who have called for level heads and fastidious observance of legal precedents under this circumstance. They believe that independence of the judiciary is essential not just for this point in the political life, but for the democracy of Ghana in the near future.
While the NPP leadership vowed to intensify their protests, arguing that the petition was politically motivated, they argue that trying to muzzle the Chief Justice at a time when the party is gearing up for pivotal elections could destabilize the political climate and undermine the trust of citizens in the judiciary.
But constitutional experts like Amalliba have reminded them that the removal of the Chief Justice is a serious process with stringent requirements of evidence and multiple levels of oversight. It is not a political game whose result could be decided by street protests or partisan lobbying.
"The President only acts on serious petitions by law. And then it's left to an independent committee — not politicians — to look at the facts," Amalliba reaffirmed. He challenged all politicians to have faith in Ghana's institutions and allow due process to run its course.
As the conflict intensifies, the majority of civil society organizations are urging Ghanaians to uphold the rule of law and protect the judiciary from political meddling. For these organizations, the integrity of the judiciary — and thus Ghana's democracy — depends significantly on the manner in which the sensitive matter is handled.
As Amalliba explained: "Today it's the Chief Justice; tomorrow it could be any public official. If we destroy due process today, we will have no protection tomorrow. Let the demonstrations continue, but the constitutional process must go on."
blogpay
Total Comments: 0