Chief Justice Gertrude Araba Torkornoo
The Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah, has cautioned that the removal of Chief Justice Gertrude Araba Torkornoo would risk reducing the independence of the judiciary, potentially making it a subsidiary of the executive.
According to him, such a move would severely dent the country’s democratic credentials.
Speaking in an interview with Citi News on April 17, Awuah emphasized the importance of carefully interpreting the constitutional provisions regarding the removal of a Chief Justice.
“It is not necessarily about the procedure; it is also about the potential outcome. If you direct your mind to the grounds for the removal of the Chief Justice, you will notice something.
“You will notice that even though the grounds are stated, what constitutes, for instance, stated misbehaviour or incompetence is ultimately left to the good sense of the President and the Council of State. The Constitution was deliberate about that,” he stated, as quoted by citinewsroom.com.
He continued, “In the same token, what constitutes stated misbehavior is not clearly defined, and what goes into determining it is unknown. So, at this point, much depends on the President and the Council of State.
“All we are saying is that if there isn’t anything grievous, let’s not touch the Chief Justice, because we risk making the judiciary a subsidiary of the executive.”
Meanwhile, the Supreme Court on Wednesday, April 9, 2025, adjourned proceedings in a suit filed by New Patriotic Party (NPP) Member of Parliament for Old Tafo, Vincent Ekow Assafuah.
The suit challenges the ongoing process for the potential removal of Chief Justice Gertrude Torkornoo.
The MP is requesting that the court declare as unconstitutional the consultation process between President John Dramani Mahama and the Council of State regarding the removal.
The court had initially scheduled April 9 to begin hearing the case, but proceedings were adjourned after the Attorney General and Minister of Justice, Dr Dominic Ayine, reportedly failed to appear.
According to former Attorney General and Minister of Justice, Godfred Dame, who is lead counsel for Assafuah, Dr Ayine claimed that state attorneys were attending a conference.
Dame criticized the Attorney General’s absence, arguing that he should have appeared in court or delegated the matter to his deputy, as neither of them is a state attorney.
“It is quite odd for him to say that state attorneys are at a conference and, for that reason, all the cases in the country should be adjourned. He (Dr. Ayine) is not a state attorney. He could have come to court for a matter as important as the removal of the Chief Justice,” Dame asserted.
AM/KA
Meanwhile, watch GhanaWeb’s tour of Fort Victoria and the Cape Coast Lighthouse below: