Ghana Chief Justice’s Right to Challenge Removal Process Upheld

Former Deputy Attorney General Alfred Tuah-Yeboah has backed suspended Chief Justice Gertrude Torkornoo’s decision to contest her removal process, citing her constitutional right to a fair hearing and legal recourse. Speaking on JoyNews’ Newsfile program, Tuah-Yeboah emphasized that Torkornoo can challenge every stage of the process if she believes her rights are being infringed.

Constitutional Rights at Forefront

Tuah-Yeboah noted that the Supreme Court is the appropriate forum to address legal concerns and ensure proper interpretation of constitutional procedures. This development highlights the complexities of Ghana’s judicial system, where checks and balances are essential.

Godfred Dame’s Role

Former Attorney General Godfred Yeboah Dame’s representation of Chief Justice Torkornoo has raised eyebrows, but Tuah-Yeboah clarified that Dame is entitled to take up briefs as a private legal practitioner. “He is no longer the Attorney General. As a private lawyer, he can accept any case brought to him,” Tuah-Yeboah explained. The suspended Chief Justice has the autonomy to choose her representation, just like the state selects its lawyers.

Divergent Views

Not everyone is convinced of the Chief Justice’s chances, however. Legal practitioner Amanda Akuokor Clinton believes Torkornoo may not survive the impeachment process due to limitations in Ghana’s constitutional framework. Clinton described the removal process as “lawful but not just,” raising concerns about judicial independence and fairness.

Calls for Calm

Associate Professor of Law at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, has urged calm, stressing that suspension doesn’t automatically mean dismissal. “There seems to be some misinterpretation that this is an attempt to remove the Chief Justice,” he said, emphasizing the need for due process and constitutional adherence.

Implications for Judicial Independence

The ongoing saga has sparked intense debate about the judiciary’s independence and the rule of law in Ghana. As the situation unfolds, stakeholders are watching closely, aware that the outcome will have far-reaching implications for the country’s democratic institutions.

What’s Next?

As the Supreme Court application challenging certain justices’ participation in the inquiry progresses, Ghanaians await the outcome with bated breath. Will Chief Justice Torkornoo’s challenge succeed, or will the impeachment process run its course? Only time will tell. One thing is certain, however: the integrity of Ghana’s democratic institutions hangs in the balance.

Source: Africa Publicity