The Member of Parliament for South Dayi, Rockson Dafeamekpor, has stated that the embattled Chief Justice, Gertrude Torkornoo, has committed contempt of the Supreme Court.
He explained that some of the issues she raised at the press conference she held on June 25, are pending before the apex court.
“This presser by our beleaguered CJ is contemptuous of the Supreme Court as she presently has a case pending before the Court as well as contumacious of the powers of the Article 146 Pwamang Committee,” the private legal practitioner wrote on x on June 25.
He also noted that, “The law is trite that when a party is aggrieved by a decision of a Court or a quasi-judicial body, you don’t hold a press conference to ventilate; you simply take remediable steps provided under law. You appeal, if it’s a Court, and if it’s a admin body, you file an application in Judicial Review.”
Mr Dafeamekpor further stated that “In effect, where a procedure is provided under law for a right to be exercised, it’s only that procedure that must be followed. See Boyefio vrs. NTHC [1997-98] SC. Lord Denning in UAC vrs. McFoy said: ex nihilo, nihil fit. You can’t put something on nothing and expect it to stand.”
Among other issues, Justice Gertrude Torkornoo stated during the press conference that she will not step down from her position, claiming that the process for her removal was politically driven and violates the laid down procedures.
Addressing the press on Wednesday, June 25, she said her voluntary resignation would mean that she endorses the “unlawful” process for her removal.
“If I resign under these circumstances, I will be saying that this flawed, unknown and opaque possesses is acceptable. It is not,” she stated.
Her speech in Accra marks a historic moment in Ghana’s Judicial system as this would be the first time a suspended Chief Justice would publicly address the nation.
“If it was lawful, I would have no reason to alert the nation of the dangers they represent. It is the clear and blatant violations of law that have forced me to bring these matters out in the light of day,” Torkornoo stressed.
Read also: I do not seek to cling to a title or position – Torkornoo
Justice Torkornoo’s suspension on April 22, 2025, followed three petitions alleging misconduct against her. A five-member committee was formed to probe the allegations, but the process has been mired in controversy.
Following her suspension and the constitution of a committee to investigate the petition against her removal, Old Tafo MP Vincent Assafuah filed an injunction application against the petition to remove Chief Justice Gertrude Sackey Torkornoo.
But the Supreme Court struck out the application.
Prior to the dismissal, the Supreme Court had by a unanimous decision, dismissed the objection raised by Godfred Dame against Acting Chief Justice Paul Baffoe Bonnie in the case against a petition to remove the Chief Justice Gerturde Torkornoo.
According to the apex court, the issue raised by Dame did not disqualify Justice Baffoe-Bonnie from presiding over the proceedings, and that due judicial process would be upheld throughout the case.
Godfred Dame had raised an objection against the Acting Chief Justice, Justice Paul Baffoe Bonnie, in the case against the petition seeking to remove the Chief Justice Gertrude Torkornoo.
Read also: I received veiled threats that if I don’t resign, voluntarily, I’ll suffer harm – Torkornoo
Gertrude Torkornoo also filed a suit at the Supreme Court to oppose attempts to remove her from office.
Justice Gertrude Torkornoo through her lawyer, Godfred Dame filed the suit on Wednesday, May 21, 2025 praying the Apex Court to grant her 16 reliefs which she is seeking.
Among the reliefs, Justice Torkonoo wants the court to declare the prima facie case established against her as “arbitrary, capricious, unconstitutional, void and of no effect.”
She is also seeking a declaration that upon a true and proper interpretation of articles 17(1) and (2), 19(13) and (14), 146(7) and (8), 281(1) and 295(1) of the Constitution, a Chief Justice has the right to a public hearing in proceedings before a committee appointed by the President to inquire into a petition presented for the removal of the Chief Justice.
Gertrude Torkornoo wants the Supreme Court to declare that her suspension together with the prima facie cast established against her “constitute an unjustified attempt to remove the Plaintiff as Head of Ghana’s Judiciary and thus, an undue infringement on the independence of the Judiciary.”
But the Apex Court has dismissed her injunction application.
