Chief Justice Gertrude Torkornoo Suspended by Mahama, Committee to Probe Allegations Against Her

• Chief Justice Gertrude Torkornoo has been suspended by President John Mahama following petitions with complaints against her
• After Torkonoo responded to the petitions, Mahana determined that there was a substantial case against her
• A five-member committee has been set up to investigate the allegations against the Chief Justice

President John Mahama has suspended Chief Justice Gertrude Torkornoo after finding some substance in the three separate petitions seeking her removal from office.

The decision, in line with Article 146(6) of the 1992 Constitution and taken in consultation with the Council of State, was announced on April 22.

Following a review of Torkonoo's responses to the petitions and further consultations, the presidency stated that Mahana determined that there was a substantial case against her

Consequently, a five-member committee has been set up under Article 146(6) to investigate the matter.

The committee is composed of:

• Justice Gabriel Scott Pwamang, Justice of the Supreme Court - Chairman
• Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court - Member
• Daniel Yaw Domelevo (Former Auditor-General) - Member
• Major Flora Bazaanura Dalugo (Ghana Armed Forces) - Member
• Professor James Sefah Dzisah (Associate Professor, University of Ghana) Member

Court case challenging Torkornoo's potential removal

The Supreme Court is hearing a lawsuit filed by Old Tafo MP Vincent Ekow Assafuah, challenging the legality of the president initiating the removal process without first notifying the Chief Justice.

Assafuah wants an interpretation of constitutional provisions governing the removal of a Chief Justice.

He believes the president was required to notify the Chief Justice and obtain her comments before referring a removal petition to the Council of State. Mahama started considering the petitions before getting a response.

Assafuah contended that the failure to notify the Chief Justice before initiating consultations with the Council of State violated the law. The case would be heard on May 6.

A lawyer and analyst, Amanda Clinton, noted to YEN.com.gh that the Legal teams challenging the President’s action are likely to file an interim injunction in the coming days.

"The other side can absolutely file an application—either as a motion on notice or an interlocutory injunction at the Supreme Court—seeking to restrain the disciplinary committee or any further action until the May 6 hearing is concluded."

"Should the President defy such a directive from the apex court, it would plunge the country into a constitutional crisis—pitting the executive directly against the judiciary."

Background to action against Torkonoo

On March 26, YEN.com.gh reported that Mahama initiated consultations with the Council of State following three petitions calling for the removal of the Chief Justice.

Torkornoo, in a letter addressed to the President, had requested copies of the petitions and asked for at least seven days to respond, in line with the requirements of due process and fairness.

Before Mahama took office, then-President Nana Akufo-Addo had dismissed a similar petition against Torkonoo filed by Stephen Kwaku Asare, citing a lack of merit.

That petition accused the Chief Justice of misconduct and incompetence, specifically alleging irregularities in panel reconstitution, among others.

Source: YEN.com.gh