Sunday, 19 October

High Court should dismiss former Chief Justice’s review application – Edudzi Tameklo

Politics
Godwin Edudzi Tameklo

A Private legal practitioner and Director of Legal Affairs for the governing National Democratic Congress (NDC), Mr. Godwin Edudzi Tameklo, has cautioned that the High Court risks creating “constitutional chaos” if it entertains the judicial review application filed by former Chief Justice Gertrude Torkornoo.

Mrs. Torkornoo has petitioned the High Court to overturn her dismissal and halt the appointment and vetting of a new Chief Justice.

Speaking on TV3’s The KeyPoints on Saturday, October 18, Mr. Tameklo argued that the court has no jurisdiction to intervene in an already concluded constitutional process.

“In this particular case, the President acted on the recommendation of the investigative committee and lawfully issued a warrant of removal.

A replacement has already been nominated and awaits parliamentary vetting.

Intervening at this stage would disrupt an ongoing constitutional process,” he explained.

He warned that allowing the case to proceed could “distort the constitutional order,” stressing that governance is “serious business” and not a platform for legal experimentation.

“A High Court intervention has the tendency to bring chaos.

The Constitution should not be manipulated in any way that results in recklessness or disorder,” Mr. Tameklo stated.

Describing the judicial review application as “weak and fundamentally flawed,” he said it “stands no chance” of success.

According to him, proceedings under Article 146 of the 1992 Constitution — which governs the removal of superior court judges — are sui generis (unique in nature) and are intended to be conducted discreetly to preserve institutional stability.

“If the High Court allows this application, matters meant to be heard in camera under Article 146 will now be debated openly, undermining the constitutional framework,” he warned.

 

On October 17, Mrs. Torkornoo filed a suit at the High Court seeking to halt the vetting and appointment of Justice Paul Baffoe-Bonnie as Chief Justice and to nullify the findings of the committee that led to her removal by President John Dramani Mahama on September 1, 2025.

Source: Classfmonline.com/Cecil Mensah