CITATION: [2005-2006] SCGLR 732
Facts of the Case:
In this case, Bright Akwetey, a private citizen and lawyer, petitioned President John Agyekum Kufuor for the removal of the Chief Justice, Justice George Kingsley Acquah, on grounds of alleged judicial misconduct and abuse of power. The President subsequently announced the establishment of a committee to investigate the petition pursuant to Article 146 of the 1992 Constitution.
Frank Agyei Twum challenged the process before the Supreme Court. Among other things, he argued that the constitutional procedure had not been properly followed because Article 146(6) did not expressly require the President to first establish that the petition disclosed a prima facie case before constituting the committee.
The case therefore required the Court to determine how Article 146 should be interpreted to give effect to the constitutional safeguards surrounding the removal of a Chief Justice.
Legal Issues
The central issue was whether, before a committee could be established under Article 146(6) to investigate a petition for the removal of a Chief Justice, there had to first be a determination that the petition disclosed a prima facie case. The Court held that there must be such a determination.
To the Decision of the Court:
The Supreme Court adopted a purposive approach to constitutional interpretation, holding that in substance, although Article 146(6) did not expressly state that a prima facie case must first be established, such a requirement had to be read into the provision. This was necessary to prevent the impeachment process from being triggered by allegations that did not disclose a sufficient basis for investigation. The Court therefore granted some of the reliefs sought by Agyei Twum.
How Do You Apply the Principle?
This case reemphasised the principle that in interpreting the Constitution, a court should not look only at the literal words, but rather the purpose, object and constitutional values behind the provision.
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