Stephen Kwaku Asare, a US-based Ghanaian lawyer known as Kwaku Azar, has criticised the 16 reliefs sought by suspended Chief Justice Gertrude Torkornoo in her court application to halt her removal process.
Madam Torkornoo wants certain members of the 5-member committee probing the petitions against her barred from participating and is also asserting her right to a public hearing instead of an in-camera probe.
But the lawyer has criticised her suit, pointing out flaws in the reliefs filed by her lawyers at the apex court.
Prof. Asare’s remarks follow Chief Justice Torkornoo’s application to the Supreme Court, seeking to restrain the President’s committee investigating the petitions for her removal.
In the suit filed on Wednesday, May 21, 2025, the CJ is requesting an interlocutory injunction to halt the committee’s proceedings pending the case’s final determination.
Additionally, she seeks to bar Justices Pwamang and Adibu-Asiedu from presiding over or participating in the committee’s deliberations.
In a Wednesday, May 21, 2025 Facebook statement, Kwaku Azar argued that the law mandates an in-camera probe, making it compulsory rather than optional for the Chief Justice.
“The Chief Justice wants a declaration that she’s entitled to a public hearing and can waive in camera proceedings. GOGO raises an eyebrow. But Article 146( says such proceedings “shall be held in camera.” It’s not optional. It’s not a privilege. It’s a command,” he stated.
Regarding the CJ’s claim that the prima facie case against her is flawed, Prof. Asare responded, “This stage is not a judgment, it’s a threshold filter. Not every constitutional process mimics a full trial.”
He urged the CJ to recognise “the law is the law” and that her suspension isn’t unusual, citing a similar precedent involving a former CHRAJ boss.
“Article 146(10) makes the suspension an option once a prima facie case is found. The President is entirely within his powers to suspend her, as he did with the former CHRAJ Commissioner, Ms. Lamptey,” he explained.
Prof. Asare also weighed in on the CJ’s bid to bar certain committee members and halt the committee’s constitutional mandate. In his concluding remarks, he cautioned that “the Constitution must not be turned into a maze for evasion,” emphasizing the need for the court to protect its time and allow the process unfold.
He noted that “if this continues unchecked, Article 146 could go from a tool of oversight to a treadmill of obstruction; moving all the time, but going nowhere.”
He reemphasised the need to ensure that the institutions are allowed to work and “let the evidence speak.”
She’s barking but can’t bite – Ansa-Asare on suspended CJ Torkornoo’s attempt to halt removal probe
