KEY POINTS
- Kwaku Ansa-Asare says the Chief Justice’s move violates constitutional principles.
- He insists only the president can initiate removal proceedings.
- He says the Supreme Court application cannot legally halt the process.
Kwaku Ansa-Asare, a former director of the Ghana School of Law, described Chief Justice Gertrude Torkornoo’s case as gravely troubling and illegal.
Ansa-Asare says Chief Justice’s move disrupts the legal process
On May 21, Torkornoo petitioned the Supreme Court to halt the committee looking into petitions for her potential dismissal.
In order to halt the committee’s work until the Supreme Court makes a decision, the Chief Justice asked for an interlocutory injunction.
In addition, her application aims to bar Justices Pwamang and Adibu-Asiedu from serving as chair or participating in committee deliberations.
Ansa-Asare claimed that Torkornoo’s action violates constitutional power and scuttles an otherwise legal removal procedure in an interview with JoyFM’s NewsNight.
He stressed that there are serious legal and democratic issues with any attempt to thwart a constitutional process, particularly when it comes from the head of the court.
“The Chief Justice’s attempt to halt a constitutionally initiated process is a very concerning story that is developing,” he said.
He maintained that due process guaranteed by Article 146 of the Constitution cannot be superseded by the application itself, which violates the law.
According to Article 146, only the president may order the dismissal of a Chief Justice after receiving a proper petition, Ansa-Asare clarified.
During the interview, he stated, “The Constitution makes it clear: Only the president may begin removal proceedings based on a proper petition.”
Court bid fails to stop what experts call a lawful process
According to Myjoyonline, he added that President Mahama had complied with all constitutional requirements and had not crossed any legal or procedural lines.
“Every constitutional step necessary to start this type of judicial removal process has been followed by the President,” Ansa-Asare told JoyFM.
He claimed that the Chief Justice’s legal team is merely bluffing and that it would be very difficult to halt the legal procedure.
“What the attorneys are doing—and the Chief Justice has done—is just barking without bite,” he continued.
