Prof Kwadwo Appiagyei-Atua, the University of Ghana law lecturer, has said the removal of Chief Justice Gertrude Torkonoo was a foregone conclusion.
According to Prof Kwadwo Appiagyei-Atua, President Mahama strictly adhered to constitutional provisions.
He asserted that, from the constitutional angle, due process was followed.
Speaking on JoyNews’ Pulse, Prof Appiagyei-Atua stated, “From the constitutional angle, due process was followed”.
“It was a foregone conclusion looking at the way proceedings went.”
“She had to fight for her rights,” he stressed.
Also, Kwaku Ansa-Asare, a former Director of the Ghana School of Law, has said the people of Ghana must not be sad about the removal of the Chief Justice, Justice Gertrude Torkornoo, by President John Mahama.
According to Kwaku Ansa-Asare, Ghanaians should rather be happy and accept the fact that the 1992 constitution is working.
Speaking on The Pulse programme on JoyNews, Mr Ansa-Asare asserted, “If you allege that your constitutional rights are being violated, and you yourself as the head of the judiciary do not understand the ramifications of the Chief Justice removal process, you shoot yourself wrongly in the foot”.
He continued, “I don’t think that we should be sad about this; we should rather be happy. We should be happy that the constitution is working. This is a democracy.”
“If the President has to act, every step the President takes, he must act in accordance with the Constitution,” he said.
Kwaku Ansa-Asare further added that President Mahama has not contravened the constitutional process.
“So far, I have yet to be convinced that the President has contravened the constitutional process. No one has been able to pinpoint exactly where President Mahama has gotten it wrong”, he added.
Kwaku Ansa-Asare’s remarks follow President John Dramani Mahama’s decision to sack the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, from office with immediate effect.
President Mahama today received a first report from the five-member committee he constituted to investigate three petitions brought against Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
In a post on Facebook by the Jubliee House account, it read, “Article 146 committee submits first report on petitions seeking removal of Chief Justice.
President John Dramani Mahama received, this morning, the first report of the Article 146 Committee of Inquiry, which is probing three petitions seeking the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
Presenting the report at a brief ceremony at the Presidency, the Committee’s Chair, Justice Gabriel Pwamang, said the panel conducted its work in camera, in line with Article 146(7) and refrained from public commentary despite “blatant false statements made about members of the committee and our work.”
“In camera proceedings are not the same as in secret,” he noted, explaining that limited procedural details could be shared without disclosing the substance.
On the first petition, filed by Mr. Daniel Ofori, the committee heard evidence from 13 witnesses on behalf of the petitioner. The Chief Justice, who also testified and was cross-examined, called 12 witnesses, including experts.
In all, the panel received about 10,000 pages of documentary exhibits from both sides. Each side was represented by four lawyers.
“After critical and dispassionate examination and assessment of all the evidence, including the expert evidence against the provisions of the Constitution and the relevant laws, we have, without fear or favour, arrived at a recommendation on the first petition,” the Chair said, before handing the recommendation to the President in a sealed envelope.
The Chair disclosed that the second petitioner, as well as the Chief Justice, requested an adjournment of the second petition, which the committee granted.
“Accordingly, we shall be reporting on the second and third petitions in due time,” he said.
Hours after President Mahama received the committee reports, Chief Justice Torkornoo was sacked with immediate effect.
“President John Dramani Mahama has, in accordance with Article 146(9) of the 1992 Constitution, removed the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, from office with immediate effect,” the statement said.
“This follows receipt of the report of the Committee constituted under Article 146(6) to inquire into a petition submitted by a Ghanaian citizen, Mr. Daniel Ofori. After considering the petition and the evidence, the Committee found that the grounds of stated misbehaviour under Article 146(1) had been established and recommended her removal from office.
“Under Article 146(9), the President is required to act in accordance with the Committee’s recommendation,” the statement concluded.
