The debate surrounding the potential suspension of Chief Justice Gertrude Torkornoo has sparked intense discussion, with former Director of the Ghana School of Law, Kwaku Ansa-Asare, weighing in on the constitutional procedure.
According to Ansa-Asare, once a prima facie case is established and a disciplinary committee is formed under Article 146 of the 1992 Constitution, the President is obliged to suspend the Chief Justice. Speaking on Eyewitness News, he cited Article 146(7), which outlines the process for removing the Chief Justice from office.
“The provision in Article 146(7) states that the committee appointed under clause 6 of this article shall inquire into the petition and recommend to the president whether the chief justice ought to be removed from office,” Ansa-Asare explained.
He emphasized that the President’s decision to suspend the Chief Justice is not discretionary but rather a constitutional requirement. “The moment the committee is set up, the president is then obliged to suspend the chief justice, and I think it is fair,” he said.
Ansa-Asare argued that allowing the Chief Justice to remain in office while under investigation could compromise the integrity of the process. “If a committee has been set up to inquire into the allegation, the chief justice cannot remain in office due to the likelihood of interference, and therefore, she has to step aside,” he stated.
However, he cautioned that suspension should only occur if the petition has merit. “If the petition is frivolous, there’s no need to set up a committee. But when the petition has some merit, and a prima facie case has been made, then the committee is set, and after that, the president will be right to suspend the chief justice,” Ansa-Asare said.
The Chief Justice has recently submitted her written response to petitions seeking her removal, ahead of the April 7, 2025 deadline. Ansa-Asare’s comments have reignited the debate on the constitutional process for removing the Chief Justice from office.