Alexander Afenyo-Markin, the Minority Leader in Parliament, has broken his silence following President John Dramani Mahama’s removal of the Chief Justice Gertrude Torkornoo from office.
According to Afenyo-Markin, Ghana is mourning democracy following the dismissal of Justice Gertrude Torkornoo.
He noted that the government claimed it received three petitions, but has removed Justice Torkorno after receiving just one committee finding out of the three charges.
Speaking to journalists in Akwatia, during the ongoing by-election on Tuesday, September 2, Afenyo-Makrin stated, “We are mourning democracy. You claim that you have charges against the Chief Justice, so you are done with count 1, you have count 2 and 3 not done, and then you say you dismiss the person.
That is the work of the Pwamang Committee? That is what Pwamang did as a judge?”
However, Kwaku Ansa-Asare, a former Director of the Ghana School of Law, has said the people of Ghana must not be sad about the removal of the Chief Justice, Gertrude Torkornoo, by President John Mahama.
According to Kwaku Ansa-Asare, Ghanaians should rather be happy and accept the fact that the 1992 constitution is working.
Speaking on The Pulse programme on JoyNews, Mr Ansa-Asare asserted, “If you allege that your constitutional rights are being violated, and you yourself as the head of the judiciary do not understand the ramifications of the Chief Justice removal process, you shoot yourself wrongly in the foot”.
He continued, “I don’t think that we should be sad about this; we should rather be happy. We should be happy that the constitution is working. This is a democracy.”
“If the President has to act, every step the President takes, he must act in accordance with the Constitution,” he said.
Kwaku Ansa-Asare further added that President Mahama has not contravened the constitutional process.
“So far, I have yet to be convinced that the President has contravened the constitutional process. No one has been able to pinpoint exactly where President Mahama has gotten it wrong”, he added.
Also, Prof Kwadwo Appiagyei-Atua, the University of Ghana law lecturer, has said the removal of Chief Justice Gertrude Torkonoo was a foregone conclusion.
According to Prof Kwadwo Appiagyei-Atua, President Mahama strictly adhered to constitutional provisions.
He asserted that, from the constitutional angle, due process was followed.
Speaking on JoyNews’ Pulse, Prof Appiagyei-Atua stated, “From the constitutional angle, due process was followed”.
“It was a foregone conclusion looking at the way proceedings went.”
“She had to fight for her rights,” he stressed.
Background
President John Mahama sacked the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, from office with immediate effect after he received a first report from the five-member committee he constituted to investigate three petitions brought against the Chief Justice.
Hours after President Mahama received the committee reports, Chief Justice Torkornoo was sacked with immediate effect.
A statement from the presidency stated, “President John Dramani Mahama has, in accordance with Article 146(9) of the 1992 Constitution, removed the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, from office with immediate effect”.
“This follows receipt of the report of the Committee constituted under Article 146(6) to inquire into a petition submitted by a Ghanaian citizen, Mr. Daniel Ofori. After considering the petition and the evidence, the Committee found that the grounds of stated misbehaviour under Article 146(1) had been established and recommended her removal from office.
“Under Article 146(9), the President is required to act in accordance with the Committee’s recommendation,” the statement concluded.
a leaked document on social media concluded that Justice Torkornoo had engaged in conduct amounting to “stated misbehaviour” under Article 146(1).
The Key finding read, “Unlawful expenditure of public funds: The committee held that the Chief Justice caused the Judicial Service to pay travel expenses for her husband and daughter during private holiday trips in 2023, including per diem allowances. This, the report stated, was an “avoidable and reckless dissipation of public funds.”
Abuse of discretionary power: The committee found that her handling of the transfer of one Mr. Baiden breached Article 296(a) and (b) of the Constitution, describing the act as misbehaviour.
Interference in judicial appointments: The report also noted that she sought to bypass the established process for nominating Justices of the Supreme Court, contrary to precedent set in the Ghana Bar Association case. The committee concluded this amounted to misbehaviour”.
The committee subsequently recommended her removal in accordance with Article 146(7). President Mahama, bound by Article 146(9), which makes the President’s action mandatory once such a recommendation is made, formally removed Justice Torkornoo by Warrant of Removal under the Presidential Seal.
Meanwhile, Justice Paul Baffoe-Bonnie, the most senior Supreme Court judge, was appointed by President Mahama to act as Chief Justice during the investigation process.
President Mahama is now expected to name former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo’s successor in the coming days.