Business woman petitions Akufo-Addo for removal of Judge Gifty Agyei Addo

Business woman and managing director of Mariville Homes Limited, Maria O’ Sullivan, has petitioned President Akufo-Addo for the removal of her ladyship, Justice Gifty Agyei Addo, from office as a High Court Judge on grounds of stated misbehaviour.

In her five page petition cited by Asaase News, the petitioner, Maria O’ Sullivan, indicates that her petition is founded on three grounds she believes constitutes stated misbehaviour in line with article 146 (1) of the 1992 constitution.

Contention of petitioner

The first is in respect of issues relating to Justice Gifty Agyei Addo’s abuse of her office and privileges as a judge of a superior court of judicature.

The said abuse according to the petitioner, is based on her allegation that the High Court Judge procured the services of police men to intimidate staff of Mariville Homes Limited and to unlawfully demolish property belonging to the Company.

The second ground relates to Justice Gifty Agyei Addo’s role in the procurement of a High Court judgement based on a forged document.

The final ground of her petition deals with matters relating to the Judge’s interference in a High Court case involving a land jointly owned with her husband in which her husband was the Plaintiff.

Removal of High Court Judge

Per the provisions of the 1992 constitution in article 146 (1), “a Justice of the Superior Court or a Chairman of the Regional Tribunal shall not be removed from office except for stated misbehaviour or incompetence or on ground of inability to perform the functions of his office arising from infirmity of body or mind”.

Clause 2 of the same article further states that “a Justice of the Superior Court of Judicature or a Chairman of the Regional Tribunal may only be removed in accordance with the procedure specified in this article”.

The President having received the said petition per clause 3 of Article 146 of the 1992 constitution is expected to “refer the petition to the Chief Justice, who shall determine whether there is a prima facie case”.

“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” clause 4 of article 146 of the 1992 constitution prescribes.

Clause 5 further points out that “the committee appointed under clause (4) of this article shall investigate the complaint and shall make its recommendations to the Chief Justice who shall forward it to the President” – AsaaseRadio