Justice Lamptey can sit on the Review

Mr Justice George Lamptey, Supreme Court Judge who has reached the retiring age can still sit on the review application on the Fast Track High Court case slated for 26 June, George Afflah Aryeetey, Judicial Secretary (JS) said on Tuesday.

The Ghana News Agency reports him as saying in reaction to a front-page story carried by the "Ghana Palaver" in its 31May – 3 June issue, that "even though Justice Lamptey has reached the retiring age of 70 years, the Constitution makes provision for him to sit on the review."

The JS quoted Article 145 (4) of the Constitution, which he said, gives Mr Justice Lamptey a maximum of six months to dispose of cases he started or was involved in before attaining the retiring age.

He said even though Justice Lamptey did not sit on the panel that heard the substantive case, since he was among the panel that started hearing the review on Tuesday, 28 May "the Constitution empowers him to continue to sit on the review panel".

He, however, explained that Mr Justice Lamptey had up to six months after which he would have to give way if the review application was still pending before the Supreme Court.

Article 145 (4) states: "Notwithstanding that he has attained the age at which he is required by this article to vacate his office, a person holding office as a Justice of the Supreme Court or Chairman of the Regional Tribunal may continue in office for a period not exceeding six months after attaining that age, as may be necessary to enable him to deliver judgment or do any other thing in relation to proceedings that were commenced before him previous to his attaining that age."

In the headline of its story, Palaver stated: "Justice Lamptey Retires On Monday... He Can't Sit on Fast Track High Court (FTHC) Review Case." The paper's argument was that since Justice Lamptey did not participate in the historic five-four decision that declared the FTHC unconstitutional and illegal he was ineligible to sit on the review application.

Quoting Article 145 (2) (c) of the Constitution to buttress its argument, Palaver stated: "A Justice of the Supreme Court or a Chairman of the Regional Tribunal shall vacate his office -in the case of a Justice of the Supreme Court or the Court of Appeal, on attaining the age of 70 years."

By a five-four majority, the Supreme Court last March declared the FTHC unconstitutional and illegal, following an application filed at the court by Mr Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation.