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No One Can Force Chief Justice To Resign — She’ll Assert Her Rights, Says Godfred Dame

 

Former Attorney General and legal counsel for suspended Chief Justice Gertrude Araba Torkornoo, Godfred Yeboah Dame, has strongly criticized the ongoing removal proceedings against his client, describing the process as fundamentally flawed.

Speaking to journalists outside the Supreme Court in Accra, Mr. Dame insisted that due process and constitutional principles have been ignored in the handling of the case.

“Resignation is not an option. The most important thing is that the rule of law, due process, and constitutionalism must prevail in Ghana,” he stated. “It is not because people are putting pressure on the Chief Justice that she should resign or take any such decision. We will continue to assert our rights. The proper thing must be done.”

His remarks followed a unanimous decision by the Supreme Court on Wednesday, May 28, to dismiss Chief Justice Torkornoo’s application for an injunction against a five-member committee set up to investigate three separate petitions seeking her removal. The Court had earlier in the day also struck out her supplementary affidavit, again by a unanimous decision.

While some commentators have suggested that the Chief Justice should voluntarily step down to avoid further controversy, her lawyer firmly rejected the idea.

“She knows what due process is. She understands constitutional rights. That’s exactly what she’s demanding,” Mr. Dame added.

Background

On May 21, Chief Justice Torkornoo filed a suit at the Supreme Court seeking to restrain the committee established by President John Mahama to investigate petitions calling for her removal.

In her application, she requested an interlocutory injunction to halt the committee’s work until the Supreme Court rules on the substantive issues. Specifically, she asked the Court to:

Bar the six-member committee—comprising Justices Gabriel Scott Pwamang and Samuel Kwame Adibu-Asiedu, Daniel Yao Domelevo, Major Flora Bazuwaaruah Dalugo, and Professor James Sefah Dziasah—from proceeding with the inquiry;

Prevent Justices Pwamang and Adibu-Asiedu from participating in the committee’s deliberations; and

Suspend the operation of the presidential warrant for her suspension issued under Article 146(10) of the Constitution, pending the final outcome of the case.

So far, multiple legal challenges filed by individuals and groups seeking to halt or invalidate the committee’s work have also been dismissed by the Supreme Court.

Credit: Kenneth Awotwe Darko

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