Former Deputy Attorney General, Diana Asonaba Dapaah, has weighed in on the writ filed by Old Tafo Member of Parliament, Vincent Ekow Assafuah, seeking to halt President John Dramani Mahama’s directive to suspend Chief Justice Gertrude Torkornoo.
Speaking to journalists on the sidelines of the Ghana Bar Association’s 2025 Mid-Year Conference on Saturday, April 26, Dapaah emphasized that the president’s discretion must be exercised in accordance with the Constitution.
According to her, it is a misconception to believe that the president cannot be faulted simply because he acted within his discretionary powers.
“Let’s discard the idea that it is a process [so] the president…couldn’t have done any wrong. The process is measured by the constitution. The exercise of discretion is subject to the Constitution itself. It is totally wrong and flawed to make the argument that the president has exercised his discretion and there can be no fault with it,” she stated.
Questioning the basis for the determination of a prima facie case, Dapaah argued that Assafuah’s case should be heard, as the legal concerns raised are legitimate.
“The constitution itself guides us on what the discretion itself should be. My opinion is that there could not be a prima facie case based on what we all know. If he did not exercise that discretion properly in accordance with the constitution, then you have acted unconstitutionally. Assafuah’s writ for me is not moot,” she added.
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