Source: Myjoyonline.com
Lead counsel for the ousted Chief Justice, Lawyer Ayikoi Otoo, has clarified that her client, Justice Gertrude Torkornoo’s challenge to her removal is not motivated by a personal desire to cling to office, but by a principled commitment to defending the Constitution, the rule of law, and her rights as a citizen.
In a release, Mr. Otoo noted that Justice Torkornoo’s decades of service to the judiciary were rooted in safeguarding justice, and that her current legal battle seeks to protect Ghana’s constitutional democracy from dangerous precedents.
“The Chief Justice is not in the least desperate to stay in office. She is fighting for what is right for the country, for the rule of law, and for her rights as a citizen in a constitutional democracy,” Mr. Otoo said.
President John Mahama, on Monday, September 1, removed the Chief Justice Gertrude Torkornoo from office with immediate effect on grounds of stated misbehaviour.
This follows recommendations from a constitutional committee set up under Article 146 of the 1992 Constitution.
Justice Torkornoo, however, filed an application challenging her removal by President Mahama from both the office of Chief Justice and as a Justice of the Supreme Court.
At the heart of her application is the contention that the President used a single process to remove her from two distinct judicial offices, an action she argues violates the Constitution.
Mrs Torkornoo’s challenge specifically targets the legal foundation of the removal process, asserting that the President cannot constitutionally use the procedure established for removing a Chief Justice under Article 146(6) to simultaneously remove her from her position as a Justice of the Supreme Court. She maintains these are separate offices requiring distinct removal procedures under the Constitution.
But according to Mr Otoo, the removal process was fraught with procedural irregularities, suppression of key evidence, and constitutional breaches that undermine the independence of the judiciary.
He warned that allowing the executive arm of government to oust the head of the judiciary without due process would erode public trust and reduce the judiciary to a political tool.
Mr. Otoo further explained that Justice Torkornoo’s legal challenge is aimed at ensuring that whoever occupies the high office of Chief Justice does so on a “clean seat,” free of unconstitutional interference.
“This fight is bigger than one individual,” he noted. “It is about protecting the sanctity of the Constitution and preventing the subordination of the judiciary to political convenience.”
The legal team has several cases pending before the Supreme Court and the ECOWAS Court of Justice challenging aspects of the removal process. Mr. Otoo urged Ghanaians, civil society, and the legal community to support efforts to preserve judicial independence and resist executive overreach.
Source: www.myjoyonline.com
