Private legal practitioner Christian Lebrecht Malm-Hesse has criticised the decision by suspended Chief Justice Gertrude Torkonoo to publicly address the details surrounding her removal process.
He described the move as “unwarranted” and potentially damaging to the integrity of the judicial process.
Speaking in an interview on 3FM Sunrise on June 26, Mr. Malm-Hesse said Justice Torkonoo should have allowed due process to take its course instead of holding a press conference to speak extensively on a matter that is still under legal and constitutional consideration.
“It was unwarranted for the suspended Chief Justice to have divulged all the information on her removal process. These ought not to come out. She should have relaxed and followed the process.” Malm-Hesse stated.
The Private Legal Practitioner also argued that the press engagement appeared to be an attempt by the suspended Chief Justice to win public sympathy by trading narratives, a move he believes risks undermining the very process meant to determine the legitimacy of her suspension.
“She has engaged herself in public hailing where she is also seeking to trade a truth for a truth because she believes that a portion of the public has grown apathetic against her, and she wants the public to also know what the issues are. Moreover, she is also fighting her case in public, but that is not the rule as contained in the constitution, particularly in Article 146.” He added.
Osman Alhassan, also a private Legal Practitioner, urged the embattled Chief Justice to submit quietly to due process, pointing out that there are constitutional remedies available even after a final decision has been made.
“For me, she should have just quietly submitted herself to the process,” Alhassan said. “All other remedies that can be sought can be sought even against the final recommendation and the final action. If this is adverse to her, she still has avenues for remedy.” Osman Alhassan advises.
The suspended Chief Justice, Her Ladyship Gertrude Torkornoo, has publicly addressed for the first time the circumstances surrounding her suspension, raising serious constitutional and procedural concerns about the process initiated to remove her from office.
At a press conference held on Wednesday, June 25, Justice Torkornoo presented a detailed rebuttal of the events leading to her suspension, questioning the legality of the in-camera hearing, the prima facie case established against her, and the broader implications for judicial independence in the country.
In her statement, Justice Torkornoo described the secretive nature of the proceedings as fundamentally unconstitutional.