Saturday, 04 July

Supreme Court dismisses challenges to removal of former Chief Justice Torkornoo

News
Supreme Court

The Supreme Court has unanimously dismissed all four suits challenging the constitutional process that led to the removal of former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, bringing to an end months of legal battles over one of Ghana’s most closely watched judicial controversies.  

The ruling, delivered by a seven-member panel today Thursday, July 2, upholds the legality of the process that culminated in Justice Torkornoo’s removal from office after petitions were filed against her.

The four suits, brought separately by the former Chief Justice, Old Tafo MP Vincent Ekow Assafuah, the Centre for Citizenship, Constitutional and Electoral Systems, and Theodore Kofi Atta Quartey, sought interpretations of constitutional provisions governing the suspension and removal of a Chief Justice.

The plaintiffs argued, among other things, that due process had not been followed and that aspects of the removal procedure were unconstitutional.

Justice Torkornoo’s removal followed a committee of inquiry established under Article 146 of the 1992 Constitution to investigate petitions against her after she was suspended by President John Dramani Mahama.

The development sparked widespread public debate, with legal practitioners, civil society organisations and political parties expressing differing views on the constitutional process and its implications for judicial independence.

The Supreme Court’s decision means all domestic constitutional challenges to the former Chief Justice’s removal have now failed.

The ruling comes just days after the ECOWAS Community Court of Justice also dismissed Justice Torkornoo’s claims that Ghana violated her rights during the suspension and removal process, further strengthening the state’s legal position.

The full reasons for the Supreme Court’s judgment are expected to provide greater clarity on the constitutional issues raised in the suits and could serve as an important precedent for future proceedings involving the removal of holders of high constitutional office.

Source: classfmonline.com/Zita Okwang