A heated exchange erupted on TV3’s KeyPoints programme on Saturday after Chief Executive Officer of the National Petroleum Authority (NPA), Godwin Edudzi Tamakloe, and former MP for Skondi, Andrew Egyapa Mercer, clashed over the removal of former Chief Justice Gertrude Torkornoo.
The discussion, which focused on the constitutional process leading to Justice Torkornoo’s removal, quickly turned confrontational as both lawyers disagreed over the legality, fairness, and political implications of the impeachment proceedings.
At the height of the debate, Tamakloe fired back at Mercer after the former MP sought to compare the current case with previous removals of public office holders.
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“The devil is not your friend this morning,” Tamakloe remarked after Mercer referenced alleged comments made by National Communications Officer of the NDC, Sammy Gyamfi, regarding the former Chief Justice.
Tamakloe argued that attempts to remove Chief Justices are not new in Ghana’s constitutional history, citing historical examples dating back to the 1979 Constitution.
He explained that constitutional safeguards were introduced after earlier experiences where judges were perceived to have been removed for political reasons, insisting that Article 146 was specifically designed to protect the independence and security of tenure of Superior Court judges.
According to him, previous attempts involving former Chief Justices, including Chief Justice Apaloo and Chief Justice Abban, were halted through judicial processes.
Defending the removal of Justice Torkornoo, Tamakloe maintained that the constitutional procedures were fully respected.
He argued that the former Chief Justice received copies of the petitions against her, was granted sufficient time to respond, and was given every opportunity to defend herself before the committee established under Article 146.
He also rejected claims that the President personally engineered her removal.
“No one has shown that President John Dramani Mahama made any public statement before assuming office calling for the removal of the Chief Justice,” Tamakloe stated.
He further insisted that the findings against the former Chief Justice were based on administrative misconduct rather than any judicial decisions she had delivered.
Mercer, however, questioned whether every administrative infraction should justify removing a Chief Justice.
He argued that Ghana’s Constitution does not clearly define the threshold for misconduct warranting removal, warning that such uncertainty could create dangerous precedents for future governments.
The former MP maintained that legal reforms may be necessary to provide clearer guidance on what constitutes misconduct serious enough to warrant impeachment.