Prof Kwadwo Appiagyei-Atua, a law professor at the University of Ghana, has said the former Chief Justice Gertrude Torkonoo has the legal right to seek reinstatement as a Supreme Court Judge.
However, the law professor noted that Gertrude Torkonoo’s return to the bench may be impractical.
According to Prof Kwadwo Appiagyei-Atua, a toxic environment has been created, with many of the decisions in Court going against those that were taken by her colleagues.
Speaking to Channel One News on Thursday, September 18, Prof. Appiagyei-Atua stated, “It spells out why there’s a need to amend Article 146, because as it is now, I see a loophole. And that loophole is that you can be a chief justice, you are removed, but you can remain as a Supreme Court judge.
In that sense, the practicality is that there has been a toxic environment created. Most of the decisions are made against her. How is she going to relate to her colleagues who made those decisions against her?”.
He added, “That is where the gap is. I think that in practical terms, it may be difficult for her to come back. But in terms of law, she has the right to go there”.
The law professor’s remarks come following former Chief Justice Gertrude Torkonoo’s challenging her removal as Justice of the Supreme Court at the High Court.
Gertrude Torkonoo argue that the petitions against her were for her removal as Chief Justice, and the process for removing Justices of the Supreme Court is different.
The former Chief Justice filed an application for judicial review at the High Court, challenging the legality of her removal by President John Dramani Mahama.
Justice Torkornoo is seeking multiple declarations that the President acted outside the powers conferred by the 1992 Constitution.
Justice Torkornoo is seeking the following from the High Court:
“Declare that the President has no authority to remove a Justice of the Superior Court without adhering to the constitutionally required process.
Declare that jurisdiction to hear any removal petition against a Justice of the Superior Court lies solely with a body established under Article 146(4).
Declare that the President’s warrant of removal is “unlawful, null, void, and of no effect.”
The suit is titled The Republic v. Attorney-General, Ex Parte Justice Gertrude Araba Esaaba Torkornoo.
Meanwhile, the Accra High Court has blocked lawyers of former Chief Justice Gertrude Sackey Torkornoo’s attempts to orally withdraw the case challenging her removal process.
The High Court ordered lawyers of former Chief Justice Torkornoo to follow the appropriate procedure in withdrawing the case challenging her removal process.
According to the court, the lawyers for the former Chief Justice must use an appropriate process to file their withdrawal.
Presiding Judge Justice Eugene Nyadu Nyantei blocked efforts by the lawyer for the former Chief Justice to withdraw the suit filed on June 23, orally.
Background
President John Mahama sacked the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, from office with immediate effect after he received a first report from the five-member committee he constituted to investigate three petitions brought against the Chief Justice.
Hours after President Mahama received the committee reports, Chief Justice Torkornoo was sacked with immediate effect.
A statement from the presidency stated, “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”.
“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.