Associate Professor of Law at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, has cautioned against interpreting Chief Justice Gertrude Torkornoo’s suspension as an automatic dismissal, emphasising the importance of due process and constitutional adherence.
Speaking on JoyNews’ Newsfile programme on Saturday, May 24, Prof. Appiagyei-Atua said that the suspension is part of a constitutional procedure initiated following the prima facie case based on three petitions seeking the Chief Justice’s removal.
“There seems to be some misinterpretation that this is an attempt to remove the Chief Justice, but I don’t think we should see it that way……., I think the issue of her suspension has also led to a situation where some have concluded that if there is a suspension, then definitely the Chief Justice is going to be removed,… that interpretation I think is wrong,” he said.
Prof. Appiagyei-Atua stressed that, “It is unfortunate that some seasoned lawyers are making that interpretation, which has (conflicted) with some political followers, and therefore it has led to the clear politisisation of the matter.”
He underscored that the outcome of the ongoing investigation could either exonerate or implicate Justice Torkornoo.
“There is a process in place and at the end of the day, the result could be that the Chief Justice could (be) removed or she is not,” he explained.
Following the suspension of the Chief Justice, announced in April, Justice Paul Baffoe-Bonnie, the most senior Supreme Court judge, has assumed the role of Acting Chief Justice to ensure continuity within the judiciary. This was in accordance with Article 144(6) of the Constitution.
The Ghana Bar Association (GBA) has expressed concerns over the suspension, describing it as unconstitutional due to the absence of a published Constitutional Instrument or regulation governing the exercise of presidential discretion under Article 146(10).
The GBA has called for the immediate revocation of the suspension and the enactment of clear regulations to guide such processes.
A coalition of opposition political parties led by the New Patriotic Party (NPP) recently held a protest against the suspension of the Justice.
Some members of the NPP have also filed legal cases and raised many legal concerns about the brouhaha, however, their calls seem not to be heard as the presidency insists that it is following the due process.
A five-member committee was set up by the President, John Mahama, to probe the various petitions against the Chief Justice after a prima facie case was established against her.
As the committee continues its investigation, Prof. Appiagyei-Atua advocates for patience and adherence to constitutional procedures to uphold the integrity of Ghana’s democratic institutions.
