The Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah, has called for legislation to clearly define how prima facie cases are determined in Ghana, arguing that the current system leaves room for inconsistencies in judicial decisions.
Speaking on Joy FM, Mr Awuah expressed concern over what he described as a lack of uniformity in recent high-profile rulings. He pointed to the dismissal of petitions against officials of the Electoral Commission and contrasted it with the earlier decision that led to the removal of former Chief Justice Gertrude Torkornoo.
According to him, the Chief Justice, Paul Baffoe-Bonnie, ruled that there was no prima facie evidence to warrant further investigation into petitions seeking the removal of the Electoral Commissioner, her deputies, and the Special Prosecutor. The decision was later confirmed by the Minister of Government Communications in a statement issued on Wednesday, February 18.
Mr Awuah argued that where there is an alleged specific breach of the Constitution, it is problematic to conclude that no prima facie case has been established. He maintained that the question of what constitutes a prima facie case, particularly under Article 146 of the Constitution, must be clearly defined by statute to avoid ambiguity.
He warned that leaving such determinations to discretionary authority risks the application of different standards to different individuals. “Unless it is reduced into law, it becomes a discretionary power of whoever is making the decision, and this is where it is not good,” he said, adding that personal disposition should not influence constitutional processes.
The Manhyia South MP stressed that a clear legal framework would promote uniformity, transparency and fairness in handling removal petitions involving public officials.
Source: metrotvonline.com
