Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has dismissed former Chief Justice Gertrude Torkornoo’s legal action challenging the vetting and appointment of Justice Baffoe-Bonnie as the next Chief Justice, describing it as “frivolous” and without legal merit.
Speaking on JoyNews’ The Pulse on Friday, October 17, Mr. Ansa-Asare argued that no court has the jurisdiction to reopen a matter that has already been decided by the President in accordance with Article 146 of the Constitution.
“After the president has accepted and acted upon the recommendations of a committee established pursuant to Article 146, no court can assume jurisdiction to rehear the matter? Nowhere. It’s dead on arrival,” he said.
He stressed that the High Court has no authority to hear such an application, noting that the Chief Justice’s removal process under Article 146 is constitutionally grounded and not subject to judicial review.
“It is only showing our lack of understanding of the provisions enshrined in Article 146. And for the former Chief Justice to display ignorance and the nuances of Article 146 is mind-boggling.
“The office of Chief Justice is not her personal property, and therefore, she cannot stop the President from performing his constitutional duties,” he added.
The former Director of the Ghana School of Law warned that any failure by the President to act under Article 146 would amount to a breach of his oath to the people of Ghana.
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