The acting Chief Executive Officer of the Ghana Gold Board (GoldBod), Sammy Gyamfi, has strongly criticised the opposition New Patriotic Party (NPP) for what he described as hypocrisy in the ongoing Chief Justice (CJ) removal saga.
Speaking on Joy FM’s Super Morning Show, Mr. Gyamfi expressed his disbelief over some comments by the NPP regarding the Chief Justice’s removal.
“Let’s call a spade a spade. I am surprised the media is even entertaining some of the arguments we are hearing from the NPP,” Mr. Gyamfi stated, adding that the NPP’s stance on the matter is contradictory.
He stressed that for Ghana to progress as a democratic state, all citizens must abide by the 1992 Constitution.
“If Ghana is going to develop and our democracy is going to thrive, we must all promote the rule of law. We must all commend those who uphold the rule of law,” he emphasised. “This country is governed by the rule of law, not by the rule of men,” he said.
He cited Article 146 of the Constitution, which outlines the process for the removal of a Chief Justice.
Mr. Gyamfi challenged anyone to point out any violation of the Constitution by the President or the Council of State.
“Somebody should tell me a single provision under Article 146 that the President or the Council of State has violated in this matter,” Mr. Gyamfi stated.
He then clarified that the President was not the one who petitioned for the removal of the Chief Justice.
“The President has vehemently performed his constitutional duty under Article 146, in line with due process. He was not the one who petitioned for the removal of the Chief Justice,” Mr. Gyamfi asserted.
He added that the petitioners in the case are individuals who have raised concerns about the Chief Justice’s conduct, with some claiming their fundamental human rights were violated, while others argue that the Chief Justice acted against the Constitution and ethics of her profession.
Mr. Gyamfi pointed out that five petitions seeking the Chief Justice’s removal have been filed and emphasised that the President has not altered or tampered with these petitions in any way.
“The petitioners are persons who have grievances against the Chief Justice, and they have filed petitions directly with the President. These petitions were not altered by the President or any of his appointees,” he stated.
He addressed suggestions that the President should have prevented the petitions from being submitted.
“What was the President supposed to do? Should he have prevented the petitioners from submitting the petitions to his office?” he asked, explaining that such an action would have been a breach of the President’s oath to defend the Constitution.
Mr. Gyamfi further explained that the President followed the correct constitutional process.
He was of the firm belief that the President did not need the Chief Justice’s response to determine whether a case existed.
However, “Out of an abundance of caution, the President forwarded the petitions to the Chief Justice, received her response, and sent both the petitions and the responses to the Council of State.”
Based on this recommendation, the President set up a committee to investigate further and, following the committee’s findings, suspended the Chief Justice.
He also reminded the public of the NPP’s previous actions under the same constitutional provisions.
“You are the same NPP people who suspended four justices of our superior court based on the same Article 146,” Mr. Gyamfi pointed out, referring to the suspensions that took place in 2018 under former President Akufo-Addo.
Mr. Gyamfi further questioned the NPP’s consistency, citing the dismissal of former CHRAJ boss Lauretta Lamptey in 2013.
“Why was Justice Lauretta Vivian Lamptey dismissed by President Mahama in 2013? It was because NPP members petitioned the President over allegations of misuse of public funds,” Mr. Gyamfi recalled.
Despite Lamptey’s appointment by the late President Mills, President Mahama acted on the petition and dismissed her based on the findings of a committee.
“This is President Mahama showing consistency, showing unwavering fidelity to the Constitution,” Mr. Gyamfi asserted.
He added, “When petitions came from NPP members in the past, he acted. When petitions came from other citizens in the case of the current Chief Justice, he is acting.”
Mr. Gyamfi condemned the NPP’s current stance, accusing some party members, including lawyers, of attempting to undermine the Constitution by suggesting that the President should not act.
“Now you are saying that the President should not act, that he should violate the Constitution because the Chief Justice is above the law?” he questioned.
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