In a landmark decision, the Supreme Court of Ghana has upheld the suspension of Chief Justice Gertrude Torkornoo by President John Dramani Mahama, dismissing a legal challenge that questioned the constitutionality of the President’s move.
The suit was brought before the Court by the Centre for Citizenship, Constitutional and Electoral Systems (CenCES), which argued that the President's action violated the principle of judicial independence and due process. CenCES also sought an injunction to stop the committee that had been formed to investigate the Chief Justice’s conduct.
However, the Supreme Court, in a 4–1 majority ruling, disagreed. The five-member panel, chaired by Acting Chief Justice Baffoe-Bonnie, finding no legal flaws in the suspension of Chief Justice Gertrude Torkornoo or the committee’s formation, ruled that the President acted within his constitutional powers. Justices Tanko Amadu, Yonny Kulendi, Henry Kwofie, and the Acting Chief Justice all backed the decision, confirming that the suspension and the formation of the removal committee were lawful.
Justice Yaw Asare Darko was the only one who dissented. He expressed concerns over the legal foundation and implications of suspending the head of the judiciary, warning that such actions could set a troubling precedent and weaken judicial independence.
This ruling has stirred widespread national interest. Many Ghanaians are closely watching the outcome of the removal process, as Chief Justice Torkornoo had been known for her firm leadership and commitment to reform before her suspension.
With the committee’s work now cleared to proceed, attention will shift to its findings and recommendations. The possibility of her reinstatement or permanent removal still remains open, depending on the outcome of the ongoing probe and investigations.
The ruling also reinforces the executive’s constitutional authority to take disciplinary actions, even against top judicial officials while reaffirming the judiciary’s role in interpreting and balancing those powers.
blogpay
Total Comments: 0