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 her removal.
Kpebu explained in an interview that at the initial stage of reviewing such petitions, the President has the discretion to determine whether the petition has merit without the immediate involvement of the Chief Justice or other justices.
However, he stressed that while the President can assess the petition’s validity initially, due process must be followed.
Specifically, Kpebu pointed out that if the President finds merit in the petition, the Chief Justice must still be given the opportunity to respond before a tribunal is formed.
These comments followed a letter from the Chief Justice to President John Mahama and the Council of State, dated March 27, in which she raised concerns about not being granted access to the petitions filed against her.
Despite the Presidency confirming the existence of the petitions, the Chief Justice argued that she was being denied her right to review the documents.
She emphasized that constitutional principles require that no decision affecting her rights should be made without being informed of the charges against her and given the opportunity to respond.
