Former Attorney-General and anti-corruption crusader, Martin Amidu, has once again waded into the legal firestorm surrounding the Chief Justice, Her Ladyship Gertrude Araba Esaaba Sackey Torkornoo, warning that her ongoing efforts to stop the impeachment process could endanger the public's trust in the judiciary.
In a new open letter, Amidu argues that both the Chief Justice and her legal team face a daunting legal challenge, especially in light of binding Supreme Court decisions that firmly reject attempts to abort impeachment proceedings once initiated.
Citing landmark cases - Ghana Bar Association v Attorney-General, Agyei-Twum v Attorney-General, and Dery v Attorney-General - Amidu emphasizes that the Supreme Court has been unequivocal in its interpretation of Article 146 of the 1992 Constitution. "The annulment of the petition is not a remedy available to a respondent to the petition," Amidu stated, quoting the Court's ruling in the Dery case. "From the moment the President accepts the petition, the process of impeachment has commenced… It is impermissible to import any other mode into the Article to truncate the process." He further highlighted that the Court warned against circumventing due process, reminding the public and the judiciary alike that: "Allegations of misconduct or misbehaviour against a public official, including a judge, should not be swept under the carpet… The very integrity of the Judiciary is at stake if such allegations are unexamined and found to be false." Amidu also criticised the increasing politicisation and media leaks of sensitive documents related to the petition, calling it a clear violation of constitutional provisions.
According to him, those leaking documents or peddling unauthenticated content under the guise of "freedom of speech" risk undermining both the process and public confidence. "Despite the decision in the Dery case, many unscrupulous Ghanaians have made it their forte to leak unauthenticated contents of the petitions allegedly submitted to the President," he lamented.