The Majority Leader and Leader of Government Business, Mahama Ayariga, has defended the exercise of discretionary power under Article 146(10) of the 1992 Constitution, explaining that it permits the President to suspend the Chief Justice.
A statement issued by the Majority Leader, and copied to the Ghana News Agency on Wednesday, stated: "The discretion of the President to suspend the Chief Justice is checked by the fact that he must act 'in accordance with the advice of the Council of State.'" The statement further explained that the constitutional duty to be "fair and candid," as required under Article 296(a), is embedded in Article 146(10)(a) by the requirement that the President can only act based on the advice of the Council of State.
It emphasized that the Council of State's advisory role was crucial in ensuring that the President's exercise of discretion was neither arbitrary nor capricious. "Unless the Ghana Bar Association (GBA) and all the commentators I have heard are saying they have issues with the advice of the Council of State, I am baffled by the disingenuous efforts to fault the process so far," the statement read.
The statement also referenced Article 159 of the 1992 Constitution, which empowers the Chief Justice to make regulations for the efficient performance of the Judicial Service and Judicial Council, subject to the advice of the Judicial Council and the approval of the President. "Don't forget Article 92(11), which states in part that 'the Council of State may regulate its own procedure.' The President cannot regulate the content of their advisory functions," it added.
