Former Ghana School of Law Director, Kwaku Ansa-Asare, has claimed that the appointment of Chief Justice Gertrude Torkornoo violated the 1992 Constitution.
He explained that according to Article 144 (6)(b), the most senior justice of the Supreme Court should have acted as Chief Justice following a vacancy, but this process was allegedly bypassed.
“We have a seniority system. But the President (at the time) skipped the topmost judges and appointed someone else. That undermines the judiciary,” he said on TV3’s KeyPoints on June 28.
He warned that appointing junior justices over more senior colleagues could fracture the judiciary and create factions.
“The CJ brought in justices she could work with. Now we have groups some aligned with her, others with more senior judges. This weakens trust in the court,” he noted.
Ansa-Asare said he had cautioned against such appointments years ago, predicting the exact tensions now unfolding.
“When you disrespect seniority in law, it doesn’t end well,” he stated.
Mr Ansah-Asare’s comments were in reaction to concerns raised by Justice Gertrude Torkornoo during a press conference on June 25.
The suspended Chief Justice pointed out, among others that a copy of the petition seeking her removal has not been given to her by the committee, except for the one she received from the president.
“Unfortunately, every step of the removal process against me is being done in a manner that breaks every rule on how justice is delivered,” she said.
“The proceedings are being treated like a litigation between the petitioners and me,” she further stated.
“These violations include: the Committee’s refusal, in breach of the rules of natural justice, to recognise my counsel on the first day of proceedings simply because I was not personally present, and proceeding to fix hearing dates and make arrangements for the hearing without involving my counsel, even though he was physically present; the committee’s failure to indicate the specific allegations in respect of which a prima case has been established as well as the reasons for same, to enable me to determine my legal rights or adequately prepare a defence to the charges against me; the committee’s decision to permit two of the petitioners (Mr. Daniel Ofori and Shining Stars) not to testify to enable me cross-examine them on their petitions; a denial of opportunity to be in the hearing room with my husband or a close family member; a thorough search on my body and handbags in violation of protocols and courtesies extended to the Chief Justice in honour of the country, domestically and internationally; the conduct of the hearings in a cordoned high security zone on Castle Drive, Osu, when all Article 146 proceedings since 1993, had been held in a judicial facility at the Judicial Service, Accra. It is clear that the choice of venue, against the background of the secrecy of proceedings, was intended to intimidate me and to prevent any citizen of Ghana from knowing how the proceedings are being conducted.”
Read also: Every step of the removal process breaks every rule on how justice is delivered – Torkornoo
President John Dramani Mahama in accordance with Article 146(6) of the Constitution and in consultation with the Council of State, determined that a prima facie case had been established in respect of three petitions against Madam Torkornoo.
A statement issued on Tuesday, April 22 said, “Pursuant to Article 146(10) of the constitution and in accordance with the advice of the Council of State, the President has by a warrant, suspended the Chief Justice with immediate effect pending the outcome of the committee’s proceedings.”
The statement, which was signed by the Minister in Charge of Government Communication, Felix Kwakye Ofosu added that, “The President has consequently, established a committee in compliance with Article 146(6) of the Constitution and in consultation with the Council of State with the following composition to inquire into the petitions which have been referred to them.
1. Justice Gabriel Scott Pwamang, Justice of the Supreme Court – Chairman
2. Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court – Member
3. Daniel Yaw Domelevo (Former Auditor-General) – Member
4. Major Flora Bazwaanura Dalugo (Ghana Armed Forces) – Member
5. Professor James Sefah Dzisah (Associate Professor, University of Ghana) – Member
