Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has added his voice to the growing constitutional discourse concerning the possible suspension of Chief Justice Gertrude Torkornoo.

He maintains that should a prima facie case be established, the President has a constitutional obligation to suspend the Chief Justice in accordance with Article 146 of the 1992 Constitution.

His comments come in the wake of reports that Chief Justice Torkornoo has submitted her written response to petitions calling for her removal.

Sources indicate that her response was duly delivered to both the President and the Council of State ahead of the stipulated deadline of 7 April 2025.

In an interview with Citi FM, Mr Ansa-Asare elaborated on the legal framework surrounding such proceedings.

Referring to Article 146(7), he noted that once a committee is constituted following a determination of a prima facie case, the President is expected to suspend the Chief Justice.

“The moment the committee is set up, the President is then obliged to (may) suspend the Chief Justice, and I think it is fair,” he remarked.

He further argued that allowing the Chief Justice to continue in her role during the inquiry could compromise the credibility of the process.

“While the committee is inquiring into the allegation, the Chief Justice cannot remain in office because there is a likelihood of interference, and therefore, she has to step aside,” he said.

Nonetheless, Mr Ansa-Asare cautioned that the process must not be abused. He insisted that suspension should only be considered where the petition has merit.

“If the petition is frivolous, then there is no need to set up a committee. But when the petition has some merit, and a prima facie case has been made, then the President will be right to suspend the Chief Justice,” he concluded.

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