Former Director of the Ghana School of Law, Kwaku Ansah-Asare, has weighed in on the ongoing constitutional debate surrounding the potential suspension of Chief Justice Gertrude Torkornoo.
He says the President is obliged to suspend her once a prima facie case is established and a disciplinary committee is constituted under Article 146 of the 1992 Constitution.
His remarks follow the Chief Justice’s formal response to petitions seeking her removal. Sources confirm that she submitted her written response to both the President and the Council of State ahead of the April 7, 2025 deadline.
Speaking on Eyewitness News on Monday, April 7, Ansah-Asare outlined the constitutional procedure expected in such cases, referencing Article 146(7).
“The provision in Article 146(7), the committee appointed under clause 6 of this article shall inquire into the petition and recommend to the president whether the chief justice ought to be removed from office. With my understanding and the reading, this is that, where the president, acting in consultation with the council of state, is of the view, pursuant to the consultation, that a prima facie case has been made out, then the committee is set up.
“The moment the committee is set up, the president is then obliged to (may) suspend the chief justice, and I think it is fair,” he explained.
Ansah-Asare argued that allowing the Chief Justice to remain in office while under investigation could undermine the integrity of the process.
“Because if a committee has been set up, it is to inquire into the allegation. And while the committee [is] inquiring into the allegation, the chief justice cannot remain in office because there is a likelihood of interference, and therefore, she has to step aside. It is at that point that the president may remove her.”
He, however, cautioned that suspension should only occur if the petition has merit.
“But I will say, if the petition is frivolous, then there is no need to set up a committee. But when the petition has some merit, and a prima facie case has been made, then the committee is set and after that the president will be right to suspend the chief justice,” he stated.