Reinstate Justice Torkornoo - Minority to government
The Minority in Parliament has called for the immediate reinstatement of suspended Chief Justice Gertrude Torkornoo pending the Supreme Court’s determination of applications challenging her removal process.
They have also called on President John Dramani Mahama to halt all removal proceedings until the judiciary has conclusively ruled on the constitutionality of the process to remove the Chief Justice.
In a statement issed yesterday, the Minority described the move by the President to suspend the Chief Justice as a violation of due process, especially when there was a judicial review pending at the Supreme Court.
“It is an unpardonable affront to the rule of law that the President has, in consultation with the Council of State, proceeded to suspend the Chief Justice while the Supreme Court is yet to rule on the constitutionality of the very process being used against her.
“The Minority in Parliament is absolutely right in condemning this unlawful suspension, and we, as lawmakers committed to justice, constitutionalism, and the sanctity of the judiciary, unequivocally demand the immediate reversal of this unconstitutional act,” the statement said.
Context
President John Dramani Mahama on Tuesday, suspended Chief Justice Torkornoo, after determining that three petitions seeking her removal establish a prima facie case to warrant a probe.
The suspension of the Chief Justice by President Mahama, the first in the country’s governance system, followed the determination of the prima facie case by the President, in consultation with the Council of State, and the subsequent establishment of a five-member committee to inquire into the petitions, in accordance with Article 146 (6) of the 1992 Constitution.
Article 146(10) of the Constitution allows the President, acting in accordance with the advice of the Council of State, to suspend the Chief Justice when a committee is established to probe the petitions seeking the removal of the Chief Justice.
“Pursuant to Article 146 (10) of the Constitution and in accordance with the advice of the Council of State, the President has by a warrant, suspended the Chief Justice with immediate effect pending the outcome of the committee’s proceedings,” a statement signed and issued by the Spokesperson to the President and Minister of Government Communications, Felix Kwakye Ofosu, stated.
The statement by the Spokesperson to the President announced that the five-member committee established by President Mahama to probe the petitions would be chaired by a Justice of the Supreme Court, Justice Gabriel Scott Pwamang.
The other members of the committee are a Justice of the Supreme Court, Justice Samuel Kwame Adibu-Asiedu; a former Auditor-General, Daniel Yaw Domelevo; Major Flora Bazwaanura of the Ghana Armed Forces, and Professor James Sefah Dzisah of the University of Ghana.
Reaction
Condemning the suspension, the minority drew comparisons to the 1963 incident when President Kwame Nkrumah dismissed Chief Justice Sir Arku Korsah for ruling against his government.
The Minority insisted that the decision to suspend the Chief Justice represented a deliberate political move rather than a legitimate attempt at accountability.
“This is neither good governance nor a credible attempt to reset the judiciary — it is tyranny,” the statement said, adding, “The people of Ghana will not tolerate the subversion of judicial independence for partisan gain.”
The Minority emphasised that any further attempts to harass, intimidate, or unlawfully remove the Chief Justice would face “fierce legal and public resistance.”
The group pledged to challenge any moves to pack the judiciary with politically compliant judges.
“We will not stand idly by while the judiciary is turned into an appendage of the Executive,” they stated.
