The wheels of justice may grind slowly, but they remain steady. That is why the legal team representing suspended Chief Justice Gertrude Torkornoo must prioritize principle, due process, and legal procedure—rather than resorting to what has been described as “legal gymnastics” in response to the petition for her removal, which, according to critics, does not violate the Constitution in its entirety.
Constitutional lawyer and private legal practitioner, Paul Kumi, made these remarks during an appearance on Adekyee Mu Nsem, a morning show hosted by Alexander Nana Dogbey in Accra.
Mr. Kumi expressed concern that many of the legal references put forth by Chief Justice Torkornoo’s team do not accurately reflect the position of the law. “It is bizarre to accept their claim that this is about equality before the law when their arguments don’t align with constitutional provisions,” he said.
He acknowledged that the suspended Chief Justice has every right to defend herself—but emphasized that such a defense must be grounded in law and the Constitution. He added that the outcome of the committee’s proceedings might even favor her if she adheres to proper legal standards, instead of adopting practices that fall outside recognized legal norms.
In a related development, former Director of the Ghana School of Law, Kwaku Ansa-Asare, has labeled as unconstitutional the legal action taken by Chief Justice Torkornoo to halt proceedings regarding her potential removal from office.
Justice Torkornoo, who was suspended by President John Dramani Mahama under Article 146 of the Constitution in response to three separate petitions, has filed an application at the Supreme Court.
Her application seeks to bar Justices Gabriel Scott Pwamang and Samuel Asiedu from participating in the inquiry, alleging that they held private meetings with a lawyer involved in the case. Additionally, she is seeking an interlocutory injunction against the presidential committee set up to investigate the petitions.
The application was filed on her behalf by former Attorney-General Godfred Yeboah Dame.
Mr. Ansa-Asare sharply criticized the move, warning that it poses a threat to the integrity of Ghana’s constitutional framework.
“This is a very worrying development—that the Chief Justice would attempt to block a constitutional process. Any such application to halt the process is itself unconstitutional,” he stated.
He further emphasized that President Mahama has acted within the bounds of the Constitution and that the legal process should proceed uninterrupted.
“The President has not skipped any constitutional steps in the process. Therefore, it will be extremely difficult for anyone to legally halt it. What the Chief Justice and her lawyers are doing is merely barking—they lack the legal grounds to bite,” Mr. Ansa-Asare concluded.
