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CJ SUSPENSION WON’T DERAIL JUDICIARY, SAYS LAW PROFESSOR

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Politics

A month ago

CJ Suspension Won’t Derail Judiciary, Says Law Professor

Public discourse surrounding the suspension of Ghana’s Chief Justice, Her Ladyship Gertrude Araba Esaaba Sackey Torkornoo, has gained momentum, stirring concern among many about the stability and functionality of the country’s judicial system. But legal scholars are urging calm and trust in the Constitution’s built-in mechanisms. Among them is Associate Professor Kwadwo Appiagyei-Atua of the University of Ghana School of Law, who has come forward to assure Ghanaians that the judiciary remains fully operational and resilient.

The suspension, which was announced on 22nd April 2025 by President John Dramani Mahama, came after a prima facie case was established following three separate petitions seeking the Chief Justice’s removal. The decision has raised eyebrows and prompted varied reactions across the nation. However, Professor Appiagyei-Atua believes that the constitutional framework is robust enough to weather this development without causing significant disruption to justice delivery.

Speaking during an interview on Eyewitness News, he explained that the 1992 Constitution makes adequate provisions for temporary replacements when such vacancies arise. Specifically, Article 144(6) allows the most senior Justice of the Supreme Court to serve in an acting capacity. In this instance, Justice Paul Baffoe-Bonnie has assumed the role of Acting Chief Justice, ensuring judicial continuity.

Addressing further concerns, Professor Appiagyei-Atua stated that cases previously handled by the Chief Justice will not be neglected or abandoned. Instead, these cases will now fall under the guidance and supervision of the acting leadership. He reiterated that the judiciary is not a one-person institution and its operations are structured in such a way that a transition can occur seamlessly, even during periods of uncertainty.

The situation has naturally sparked widespread public and political interest. Legal minds and civic organisations alike are analysing the implications of the suspension and what it might mean for the judiciary's image and effectiveness. Nevertheless, Professor Appiagyei-Atua’s perspective introduces a layer of legal clarity and assurance, particularly for those concerned about possible institutional breakdowns.

The conversation also comes against the backdrop of debates surrounding transparency in the judicial process. While some voices, including opposition leaders and civil society actors, have called for more openness regarding the petitions and findings that led to the suspension, others maintain that adherence to due process is key to maintaining public confidence in the judiciary.

For now, the focus remains on ensuring the uninterrupted function of Ghana’s courts. With experienced hands like Justice Baffoe-Bonnie at the helm in an acting capacity, legal experts are optimistic that judicial integrity will remain intact as the situation unfolds.




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