Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has argued that suspended Chief Justice Gertrude Torkornoo has every right to be consulted on the venue for proceedings related to her potential removal from office.
Speaking on JoyNews’ The Pulse on Tuesday, May 27, Mr Ansa-Asare stated that the choice of venue should not disregard the stature of the Chief Justice or the constitutional principles of a fair trial.
He explained that the Chief Justice still holds her title and status, and therefore, any move that could undermine her dignity should be discouraged.
“I keep reminding the public that the Chief Justice is still the Chief Justice of the Republic of Ghana, and therefore, any statement or action that is tantamount to an affront to her dignity should be discouraged,” he cautioned.
Citing Article 18 of the 1992 Constitution, which guarantees the right to a fair hearing, Mr Ansa-Asare said that public policy, morality, and safety must guide the selection of a suitable venue.
“If they choose a venue that is not going to be offensive to attendants, I don’t see why the Chief Justice of the Republic cannot have a say in the venue of her trial.
“As far as that issue is concerned, the Chief Justice has a say, and I think the committee must be flexible enough to accommodate the interests of both parties,” he said.
He stressed that although the Chief Justice is being investigated, she should not be treated like a criminal defendant.
“Even though the Chief Justice is on trial, she is not an accused person to be treated just like any ordinary accused person.
“We should always bear in mind that it is the Chief Justice of the Republic who is being probed—not an ordinary justice of either the lower or superior courts,” he added.
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