The Office of the Chief Justice has set up a 5-member committee to investigate complaints of serious misconduct against CHRAJ Commissioner Vivian Lamptey. The committee is made up of two justices of the Supreme Court, an Appeal Court judge and two other members whose appointment was based on the advice of the Council of State. It will be chaired by Mr Justice Anin Yeboah. Other members are Justice A. Benin, Judge Mariama Owusu (Court of Appeal), Mr Edwin P. Barnes, and Brigadier-General Fuseini Iddrisu. How were the 5 members appointed after the CJ determined that there is a prima facie case againt the CHRAJ boss? Before we go to the law on how the 5-member committee is appointed, be sure you can see the inherent injustice to the CHRAJ Commissioner were the CJ to be responsible for this appointment, given her role in determining the prima facie case. In fact, the framers too thought so and provided the following at Article 146(4). Where the Chief Justice decides that there is a prima facie case, he shall set up a committee consisting of three Justices of the Superior Courts or Chairmen of the Regional Tribunals or both, appointed by the Judicial council and two other persons who are not members of the Council of State, nor members of Parliament, nor lawyers, and who shall be appointed by the Chief Justice on the advice of the Council of State. Pay close attention to Article 146(4). First, 3 of the 5 members are appointed by the Judicial Council. Second, a careless reading of the Article will lead to the wrong conclusion that the CJ appoints the other 2 members. But I have previously explained that advice is a term of art and it represents the way one constitutional body gives a binding instruction to another. So here it is the Council of State that does the appointment, leaving the CJ with a ministerial role of merely announcing the 2 names. I believe the correct process was followed here and urge the CJ to make the process she followed more transparent. This is essential since most people, including the GBA, misunderstand the use of advice in the Constitution. Da Yie! cc: Justice Sai Barker H. Vogues H Kwasi Prempeh Samson Lardy Samuel Kofi Nartey Egbert Faibille. Jnr Kelvin Kesse Kwadwo Dagomba Victoria Awuni
Posted on: Thu, 08 Jan 2015 07:48:41 +0000