A retired Justice of the Supreme Court, Justice William Atuguba has said that the expression ‘stated misbehaviour’ has its roots in the 1992 Constitution.
According to him, the expression means nothing more than its definition in ordinary English.
“Stated misbehavior, although it is not defined but it is in the Constitution. It’s not the first time Article 146 has been effected…Loretta Lamptey of CHRAJ …and Charlotte Osei,” he said in an interview with 3news on September 8.
His comments were in reaction to the assertion by lawyers for the immediate past Chief Justice, Gertude Torkornoo, to the effect that ‘stated misbehaviour’ is not defined by the Constitution.
Mrs Gertrude Torkornoo was removed from office based on the recommendation of a committee chaired by Justice Scott Pwamang. They cited payment of per diem allowance to her husband and daughter among other reasons.
Justice Atuguba (Rtd) explained that, “… stated misbehavior really doesn’t depend on what I conceive it to be, but what we as a society looking at, you know, charges, allegations, you know, leveled against her. I mean, what would the ordinary man say, looking at those charges? Misbehavior, I mean, is not different from misconduct. Misbehavior, that means unacceptable behavior, incorrect behavior, conduct that would not meet the approbation of ordinary, fair-minded people.”
Asked whether Mrs Torkornoo’s lawyers will succeed in their quest to challenge her removal, he queried “Is it because of a chief justice? If somebody misappropriates or misapplies public funds, I mean, it’s even an offense, misapplication of public funds, causing financial loss. If people are prosecuted and jailed for such things, are we saying that is proper conduct? If public officers, if they misapply public funds, and they are prosecuted are we saying that is improper? It’s even criminalized.“
“Are you saying that simply because somebody is a chief justice, you are entitled to misapply public funds and go free? Who are to set the best example? See, our constitution is based on transparency, accountability, probity. And who are to enforce these policies? The courts. The topmost judge will not adhere to those principles?” Justice Atuguba stressed.
The retired judge noted that due process was followed in the removal of Gertrude Torkornoo.
According to him, the prescribed provisions of Article 146 of the 1992 Constitution were complied with by President John Mahama and the Council of State.
” Oh yes, that was the procedure followed…culminating in her removal, that was followed, yes,” he said.
