Former Director of the Ghana School of Law, Kweku Asah Asare, has defended Chief Justice Gertrude Sackey Torkornoo’s right to a fair hearing amid growing political tension over petitions seeking her removal.
Speaking on Prime News GH, Asare stated, “I don’t think there is anything wrong with it. It’s a requirement of the law.” He emphasized that the Chief Justice must be formally presented with a copy of the petition and allowed to respond before the Council of State makes any recommendations on her dismissal.
Warning against the politicization of the judiciary, Asare called on Ghanaians to unite, saying, “We should not allow politics to divide us. We are one Ghana. This unnecessary pressure on the president to remove the CJ should be frowned upon.”
He also cautioned President Mahama against being rushed into a decision he might regret, drawing parallels to the fallout from former President Akufo-Addo’s controversial judicial appointments. “Let him not be pushed into something he will regret. Nana Addo did it, and he paid dearly for it. I think the NDC must reflect on whatever the NPP did.”
Asare further criticized the political tradition where each ruling party seeks to replace the Chief Justice upon assuming power. He urged both the NPP and NDC to end this cycle, stating, “We must try to build a united Ghana. The country seems to be polarized politically, and we should all guard against it.”
Background
The controversy surrounding Chief Justice Torkornoo’s potential removal escalated after she formally requested copies of petitions submitted to President John Dramani Mahama. The petitions, numbering three, have already been forwarded to the Council of State as part of the constitutional process outlined in Article 146.
Additionally, a Ghanaian citizen, Ebenezer Osei-Owusu, has filed an injunction at the Supreme Court to halt the President’s consultation process. He argues that President Mahama lacks the constitutional authority to refer the petitions to the Council of State without first determining a prima facie case against the Chief Justice and allowing her a response.
Meanwhile, NPP MP for Old Tafo, Vincent Assafuah, has also challenged the process in court, with former Attorney-General Godfred Dame representing him. Chief Justice Torkornoo, in her letter to the President, has requested a seven-day period to respond before any further action is taken.
With legal and political tensions mounting, the battle over the judiciary’s independence continues to dominate Ghana’s political landscape.
