Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has slammed former Chief Justice (CJ) Gertrude Torkornoo over her latest legal challenge against her removal from office, describing her action as legally baseless and emotionally driven.
Reacting to the suit filed by Justice Torkornoo to halt the vetting and appointment of Justice Baffoe-Bonnie as her successor, Mr. Ansa-Asare said the former CJ’s conduct reflects emotional imbalance and immaturity.
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He argued that the office of Chief Justice is a constitutional position, not a personal entitlement or a hereditary stool one can claim indefinitely.
“She must realise that the seat of the Chief Justice is not a fixed traditional stool that the occupant can claim as a right. Once the Pwamang Committee has submitted its report and the president has accepted it, the findings become the president’s decision, made in line with the Constitution,” Mr. Ansa-Asare said.
He explained that under Article 146 (1–11) of the 1992 Constitution, no individual has the right to challenge the President’s acceptance of a committee’s recommendations in a judge’s removal process.
“A former Chief Justice must understand that she is bound by the Constitution. If she cannot respect the process, then she is only proving that she lacked the maturity expected of her office,” he stated.
“In law, she cannot resurrect the case. The president has acted within constitutional limits.”
He contended that Justice Torkornoo’s attempt to restrain the President from nominating a new Chief Justice amounts to obstructing a constitutional obligation.
“The nomination of a Chief Justice is not a privilege—it is a constitutional duty that must be performed. Therefore, her latest action is flawed and will not go anywhere,” he stressed.
Justice Torkornoo’s suit, filed at the High Court, seeks to nullify the work of the Justice Gabriel Scott Pwamang Committee, which investigated petitions for her removal. She is also asking the court to declare the Presidential Warrant that effected her dismissal unlawful and of no effect.
Her legal move comes just as Parliament’s Appointments Committee prepares to vet Justice Baffoe-Bonnie for the position of Chief Justice.