Law lecturer at the University of Ghana, Prof Kwadwo Appiagyei-Atua, has admonished Chief Justice Gertrude Torkonoo to accept her suspension by President John Mahama in good faith.
The President, earlier today, asked the Chief Justice to step aside after establishing sufficient grounds to proceed with a probe on three petitions seeking her removal from office.
This was contained in a release signed by the Spokesperson to the President and Minister for Government Communication, Felix Kwakye Ofosu.
In accordance with Article 146(10) of the Constitution and upon the advice of the Council of State, President Mahama issued a warrant suspending the Chief Justice with immediate effect pending the outcome of the committee’s proceedings.
President Mahama further tasked a five-member committee to investigate the matter, which will determine the fate of the Chief Justice.
Commenting on the development, Professor Appiagyei-Atua was of the view that if the Chief Justice remained in office, “there is a likelihood that the presence alone will prejudice or serve as a barrier to the smooth running of the committee’s work”.
“At the same time, she will be appearing before the committee, and the fact that she will be performing her duty as CJ may also affect her ability to function,” he explained.
In view of that, he said, “It will be in her interest to serve the suspension”.
Professor Appiagyei-Atua further rejected suggestions that President Mahama erred with the suspension order, arguing that it was just the right step in the processes laid out in the constitution.
“If we are following the processes laid down by the constitution, then that is the next logical step that would have happened and has happened,” he stressed.
He further explained, “The suspension of the Chief Justice is at the discretion of the president. The constitution says that he may do so. In that situation, the president decided to suspend the Chief Justice, so he used his discretion under Article 146 (10) of the Constitution”.
“What he [President Mahama] has done is not against the Constitution. He has not violated any law of the land, and therefore it is within his right, and the process should be allowed to follow,” he concluded.
The members of the committee who determine the case against the Chief Justice are:
- Justice Gabriel Scott Pwamang – Justice of the Supreme Court
- Justice Samuel Kwame Adibu-Asiedu – Justice of the Supreme Court
- Daniel Yaw Domelevo – Former Auditor-General
- Major Flora Bazwaanura Dalugo – Ghana Armed Forces
- Professor James Sefah Dzisah – Associate Professor, University of Ghana
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