Lawyer Abraham Amaliba has said he agrees with Former Attorney General and Minister of Justice, Martin Amidu�s stance that the Committee set up by the Chief Justice and the Judicial Council to investigate allegations of judicial misconduct by Nana Oye Lithur.
�...I have read his submission and agree entirely because when you look at the constitution, nowhere is it stated that the Chief Justice has disciplinary powers over the superior court justices,� he said.
Former Attorney General and Minister of Justice, Martin Amidu in a statement issued on Monday questioned the constitutionality of the Justice Darteh-Baah Committee which is to investigate claims of judicial influence by the former Deputy Communications Minister, Victoria Hammah.
The statement read "the Constitution does not entrust any disciplinary power over superior court justices to the Chief Justice or the Judicial Council or to an appointments and disciplinary committee or any other committee of the judicial council."
The committee was set up after a petition was filed by the New Patriotic Party (NPP) asking the Chief Justice to probe the allegations made by the Former Deputy Communications Minister, Victoria Hammah.
Victoria Hammmah had alleged that Nana Oye Lithur had met with the Supreme Court judges before the election petition verdict.
Speaking on Eyewitness News Mr. Amaliba said, �If you look at the constitution, nowhere is it stated that the Chief Justice has disciplinary powers over the Superior Court Justices.�
He explained that as a result of that the setting up of a subcommittee of the Judicial Council to investigate hearsay allegations �is a breach of the constitution.�
�Clearly I agree with Martin Amidu that we have breached the constitution by the establishment of this subcommittee,� he added.
According to him, the right procedure if one thinks that a judge has misconducted himself should be �a petition to the President who would refer the matter to the Chief Justice, the Chief Justice will then set up a committee that will look into the matter after which the findings will be presented to the President.�
But in this case, the petition was sent to the Chief Justice without stating the grounds upon which the judge or justice must be investigated.
�So the whole process has been turned upside down and I agree with Martin Amidu that the process is not the right process to go,� he added.
<<Print>>