Lawyer Wayoe Ghanamannti Esq, has filed a Notice of Motion for the Enforcement of Fundamental Human Rights under Article 33 of the 1992 Constitution, seeking an order of mandamus to compel the Speaker of Parliament to transmit his petition for the removal of President John Dramani Mahama to the Chief Justice.
In the motion, filed pursuant to Order 67 of C.I. 47, the applicant argues that the Speaker is constitutionally obligated under Article 69(2) to forward his “Notice for investigation for the removal of the President from office” – which he submitted on 6th October 2025 – to the Chief Justice for further action.
Key Reliefs Sought
Ghanamannti requests four main declarations and an order of mandamus, including:
1. A declaration that Article 69(2) mandates the Speaker to immediately deliver his notice to the Chief Justice for the processes outlined under Article 69(4) and 69(9) to commence.
2. A declaration that the Speaker lacks the inherent authority to unilaterally determine the handling of constitutionally mandated duties such as the transmission of notices to other constitutional bodies.
3. A declaration that the Speaker’s refusal to transmit the notice constitutes a downplaying of a crucial constitutional process and amounts to disobedience of the Constitution itself.
4. An order of mandamus compelling the Speaker to deliver the notice to the Chief Justice for the establishment of a tribunal to determine whether a prima facie case exists.
Basis of the Application
In the supporting affidavit, the lawyer states that:
He is a Ghanaian citizen and submitted the notice of presidential removal on 6th October 2025, referencing alleged constitutional violations by the President.
Article 69(2) expressly states that upon receipt of such a notice, the Speaker “shall deliver” it to the Chief Justice.
Despite submitting the notice, the Speaker has failed or refused to transmit it, prompting inquiries (attached as Exhibit “GW1 Series”).
The Speaker’s inaction may amount to a violation of his oath under the Second Schedule of the Constitution, potentially exposing him to parliamentary sanctions or removal.
The alleged failure of the President to declare a state of emergency on galamsey – described by the applicant as “an existential threat” – forms part of the constitutional concerns raised.
The Speaker himself recently affirmed in Parliament that “the law is the law”, which the applicant argues reinforces the constitutional obligation to transmit the notice without delay.
Ghanamannti contends that the Speaker’s duty under Article 69(2) is mandatory, not discretionary, and only the Chief Justice is empowered to undertake the next steps – specifically, determining whether a prima facie case exists and reporting back to Parliament as required by law.
