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Chief Justice Torkornoo Suspension Debate & Probe

Published 1 week ago2 minute read
Chief Justice Torkornoo Suspension Debate & Probe

The suspension of Ghana's Chief Justice, Gertrude Torkornoo, has ignited a significant debate among legal practitioners and the Ghana Bar Association (GBA) regarding judicial independence and the adherence to constitutional due process. This controversy follows President John Mahama’s April 22 order to suspend Chief Justice Torkornoo after a prima facie case was established concerning three petitions for her removal.

The Ghana Bar Association, led by its President Efua Ghartey, has vehemently called for the immediate rescission of the Chief Justice's suspension. During the Martyrs’ Day commemoration on June 30, honoring judges murdered in 1982, Ghartey warned that the suspension sets a “troubling precedent” for the independence of the judiciary, urging reconciliation “in the spirit of peace” to preserve judicial credibility.

However, the GBA’s stance has met with opposition from other legal voices. Private legal practitioner Martin Kpebu openly challenged Efua Ghartey's leadership in this advocacy, stating on TV3’s KeyPoints that “Efua Ghartey is a widely known NPP sympathizer—she shouldn’t lead this advocacy.” Kpebu argued that her alleged political leanings risk undermining the GBA’s perceived neutrality in such a sensitive matter.

Further emphasizing the rule of law, Godwin Edudzi Tameklo, who serves as both the Acting CEO of the National Petroleum Authority and the National Democratic Congress Director of Legal Affairs, strongly contended that Chief Justice Torkornoo must remain suspended during the ongoing judicial misconduct proceedings. Speaking on the same program on July 5, Tameklo asserted, “Let due process prevail.” He revealed that Judicial Service staff are serving as witnesses in the probe and warned, “Imagine what will happen if the Chief Justice was still in office. It will amount to suppression of evidence.” Tameklo also noted that the suspended Chief Justice is robustly represented by respected lawyers before the investigative committee.

The constitutional process, initiated on March 25 when President Mahama forwarded the petitions to the Council of State, adheres to Article 146 of Ghana’s 1992 Constitution. Following the Council of State's advice, a five-member committee was established, chaired by Supreme Court Justice Gabriel Pwamang, with other notable members including former Auditor-General Daniel Domelevo and military representative Major Flora Dalugo. Chief Justice Torkornoo has formally responded to the allegations leveled against her, though her submission remains confidential as the investigative proceedings continue.

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