Private legal practitioner and Manhyia South Member of Parliament, Nana Agyei Baffour Awuah, has described the suspension of Chief Justice Gertrude Torkornoo as a breach of the Constitution.
He warned that the action could set a dangerous precedent for the judiciary and undermine constitutional governance.
President John Mahama on Monday announced the suspension of the Chief Justice and the formation of a five-member committee to investigate three petitions seeking her removal.
The panel, which includes legal, academic, military, and public service figures, has been tasked with conducting what the presidency called a “thorough, independent, and expeditious inquiry.”
However, speaking in an interview on Asempa FM’s Ekosii Sen, Nana Agyei stressed that even though the removal process may fall under constitutional guidelines, it must be carefully considered in light of its broader implications.
“This suspension, in the absence of a regulation — which is the Constitution — doesn’t make it right. The suspension of the Chief Justice, in the absence of a regulation or a law to guide the President’s power to suspend under Article 296 and Article 146, is a breach of the Constitution,” he argued.
He further questioned the transparency of the process.
“Secondly, what went into the suspension? Was it done in a manner that is fair and candid? How are we supposed to know, when the process is in camera? That’s why there must be clear regulations guiding the performance of such a duty,” he explained.
The lawmaker emphasized the need for constitutional harmony and public accountability.
“There are grounds upon which she might be suspended. But it doesn’t cease to be the exercise of discretionary powers simply because the President is receiving advice from the Council of State. We must go through the Constitution thoroughly to ensure harmony among its various parts.”
Amidst the growing criticism, the Minister of State for Government Communications, Felix Kwakye Ofosu, has clarified that the President’s decision does not in any way suggest that the Chief Justice is guilty of the allegations brought against her.
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