The Suspended Chief Justice, Justice Gertrude Torkornoo, has cautioned that the process to potentially remove her from office could have far-reaching implications for the entire judicial and constitutional framework of the country.
Addressing a press conference on Wednesday, June 25, Justice Torkornoo stressed that while the process currently targets her alone, it carries the potential to destabilise the foundation of judicial independence and the security of tenure for other key constitutional office holders.
“This process will affect how all High Court Justices, Justices of the Court of Appeal, Supreme Court Justices, and all Chief Justices that will be appointed in the future may be removed from office. It also affects Commissioners and Heads of independent constitutional bodies set up to protect the freedom and justice of Ghanaian citizens as guaranteed under the 1992 Constitution.”
Justice Torkornoo underscored that the 1992 Constitution deliberately insulates certain public officers from arbitrary dismissal in order to protect the democratic values of freedom and justice.
She warned that weakening these protections would risk subjecting such officials to the whims of powerful individuals in the executive and legislature.
Among those potentially affected, she listed Justices across the judiciary, the Auditor-General, the Chair and members of the Public Services Commission, Commissioners of the Electoral Commission, CHRAJ, and the National Commission on Civic Education.
“The Constitution set up the grounds and processes for their removal from office under Article 146 on grounds that must reach the standard of ‘inability to perform the functions of their office’. The officials are: Justices of the High Court, the Court of Appeal, and the Supreme Court, The Commissioner and the Deputy Commissioners of the Commission on Human Rights and Administrative Justice (CHRAJ), The Auditor General, The Chairman, Vice-Chairman and members of the Public Services Commission, The Commissioner and Deputy Commissioners of Electoral Commission, The Commissioner and Deputy Commissioners of the National Commission on Civic Education,” she said.
She concluded with a call for strict adherence to Article 146 of the Constitution, which outlines the threshold and procedures for removing such officeholders, insisting that any departure from the legal framework threatens not only her tenure but the credibility and stability of Ghana’s constitutional order.
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