Daniel Yao Domelevo, the former Auditor-General, has shockingly accused lawyer Ayikoi Otoo of submitting a fake document during the committee’s proceedings.
It will be recalled that Domelevo was a member of the committee that investigated petitions against former Chief Justice Gertrude Torkornoo,
According to Domelevo, it is interesting that lawyer Ayikoi Otoo criticised the committee and claimed procedural breaches.
Lawyer Ayikoi Otoo served as the lead counsel for Getrude Torkornoo during the proceedings, claimed that the committee acted unfairly and relied on questionable documents in its findings.
Speaking on the issue, Daniel Yao Domelevo stated, “Mr Otoo’s attack on me, I find it very interesting. He said he provided all the evidence to me, and that I sat there and didn’t take it. But I want to put it on record that he provided us with fake evidence”.
Domelevo revealed that one of the documents in question was supposedly signed by the Judicial Secretary, claiming to appoint the Chief Justice, a process he said was crooked and raised serious concerns about authenticity.
Daniel Yao Domelovo further lamented at the slow pace of the ORAL cases, “A lot of work is going on, but am I satisfied? No. I can’t see the end of the tunnel, not to talk of the light at the end of the tunnel. The procedure currently being used is very slow. Nine months is not small. Before we realise, we’ll be done with the quarter”.
He added, “It begs one question — were they prepared before coming to office? Because when I look at the quantum of money we should recover and the snail speed at which we are moving, I wonder when we are going to get there”.
Meanwhile, in related news, the Attorney General, Dr Dominic Ayine, who has filed at the Supreme Court seeking a definitive interpretation on whether the removal of Gertrude Torkornoo as Chief Justice also terminates her position as a Justice of the Supreme Court.
Dr Dominic Ayine responded to former CJ Torkornoo’s High Court challenge of her removal as Supreme Court Judge; he asks that the case be stayed and referred to the Supreme Court for constitutional interpretation.
The A-G is seeking an interpretation of the removal of Gertrude Torkornoo as a Supreme Court Justice at the apex court following the former Chief Justice’s application for judicial review at the High Court, challenging the legality of her removal by President John Dramani Mahama.
Justice Torkornoo is seeking multiple declarations that the President acted outside the powers conferred by the 1992 Constitution.
Justice Torkornoo is seeking the following from the High Court:
“Declare that the President has no authority to remove a Justice of the Superior Court without adhering to the constitutionally required process.
Declare that jurisdiction to hear any removal petition against a Justice of the Superior Court lies solely with a body established under Article 146(4).
Declare that the President’s warrant of removal is “unlawful, null, void, and of no effect.”
The suit is titled The Republic v. Attorney-General, Ex Parte Justice Gertrude Araba Esaaba Torkornoo.
Meanwhile, Prof Kwadwo Appiagyei-Atua, a law professor at the University of Ghana, has said the former Chief Justice Gertrude Torkonoo has the legal right to seek reinstatement as a Supreme Court Judge.
However, the law professor noted that Gertrude Torkonoo’s return to the bench may be impractical.
According to Prof Kwadwo Appiagyei-Atua, a toxic environment has been created, with many of the decisions in Court going against those that were taken by her colleagues.
Speaking to Channel One News on Thursday, September 18, Prof. Appiagyei-Atua stated, “It spells out why there’s a need to amend Article 146, because as it is now, I see a loophole. And that loophole is that you can be a chief justice, you are removed, but you can remain as a Supreme Court judge.
In that sense, the practicality is that there has been a toxic environment created. Most of the decisions are made against her. How is she going to relate to her colleagues who made those decisions against her?”.
He added, “That is where the gap is. I think that in practical terms, it may be difficult for her to come back. But in terms of law, she has the right to go there”.