Chief Justice Must Resign - NDC

The legal Committee of the National Democratic Congress on Friday asked the Chief Justice, Mr Justice Edward K. Wiredu to resign over a statement by the Attorney-General that he (CJ) set up the Fast Track Courts.

A statement signed by Mr Kweku Baah, Chairman of the Committee, said the AG, Nana Akufo Addo, said at a press conference on Thursday that neither he nor the NPP administration set up the Fast Track Courts.

They quoted Nana Akufo Addo as saying that the process for setting up the courts were initiated in the NDC era and the Chief Justice established them. "Against this background, the NDC Legal Committee believes that the Chief Justice has engaged in a course of conduct that is both unconstitutional and illegal."

The statement said the Chief Justice swore to safeguard, protect and defend the Constitution. "His conduct is breaching the Constitution by setting up unconstitutional and illegal courts which is extremely grave and serious and undermines his constitutional oath.

"For this reason alone, the Legal Committee of the NDC calls on the Chief Justice to do the honourable thing and resign." The statement said given the Attorney-General's revelation that it was the Chief Justice, who set up the courts, he should not have sat on the panel that decided the case "because it was his conduct that was called into question."

"He had set up unconstitutional courts and he proceeded to sit on the case to determine whether what he himself had done was constitutional or not. "There could not be a clearer case of conflict of interest or a person being a judge in his own cause than this one." The statement said the committee was of the view that Mr Justice Wiredu had an interest in the case.

"He did not want it determined that he had acted unconstitutionally in setting up the Fast Track High Courts. That is why he should not have sat on the case. For this reason also, we call on Chief Justice Wiredu to resign."

The statement said if for any reason he would or cannot resign his office, then he should decline to participate in any future proceedings involving the matter of the constitutionality and status of the Fast Track High Courts.

"In particular, we expect him to decline to participate in any review of the decision of the Supreme Court if the Attorney-General should proceed with his decision to apply for a review."

The Supreme Court ruled on Thursday that the Fast Track High Court was unconstitutional and had no jurisdiction. The court by a majority decision of 5-4 gave the judgement in the case in which Tsatsu Tsikata, Former Chief Executive of the Ghana National Petroleum Corporation (GNPC), challenged the legality and existence of the Fast Track Court.