Associate Professor of Law at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, has called for restraint and constitutional fidelity as the impeachment proceedings against Chief Justice Gertrude Torkornoo unfold.
He cautioned the public and legal commentators against misinterpreting the Chief Justice’s suspension as an automatic dismissal.
Prof. Appiagyei-Atua made the call on JoyNews’ Newsfile programme on Saturday, May 24.
“There seems to be some misinterpretation that this is an attempt to remove the Chief Justice, but I don’t think we should see it that way. The issue of her suspension has led some to conclude that removal is inevitable, but that interpretation is wrong,” he said.
Prof. Appiagyei-Atua noted that the suspension was a constitutional step taken after a prima facie case was established from three separate petitions seeking her removal. He emphasised that the process is ongoing and could result in either exoneration or dismissal.
“It is unfortunate that some seasoned lawyers are promoting this misinterpretation, which has clashed with political interests and contributed to the politicisation of the issue,” he added.
Justice Paul Baffoe-Bonnie, the most senior Supreme Court judge, has been appointed Acting Chief Justice in accordance with Article 144(6) of the Constitution, to ensure the judiciary remains operational during the suspension.
Meanwhile, the Ghana Bar Association (GBA) has raised constitutional concerns over the Chief Justice’s suspension. The GBA argues that the action was taken without a published Constitutional Instrument or regulation under Article 146(10) and has called for the immediate revocation of the suspension and the institution of clear legal guidelines for such matters.
Adding to the tension, a coalition of opposition political parties led by the New Patriotic Party (NPP) staged a protest against the suspension. Some NPP members have also filed lawsuits and voiced legal objections, though the presidency maintains that due process is being followed.
President John Mahama has established a five-member committee to investigate the petitions after the prima facie case was confirmed.
Prof. Appiagyei-Atua urged the public to remain patient and allow constitutional procedures to take their course, stressing the need to protect the integrity of Ghana’s democratic institutions.