By Ashiadey Dotse
The former Director of the Ghana School of Law, Kwaku Ansa-Asare, says President Mahama must suspend Chief Justice Gertrude Torkornoo if there is enough reason to do so under the law.
Speaking in an interview, Mr. Ansa-Asare said that if a “prima facie” case — meaning a case with enough basic evidence — is found against the Chief Justice, then the President is required by the 1992 Constitution to suspend her while a committee investigates the matter.
He made reference to Article 146 of the Constitution, which outlines the process for removing a Chief Justice or any top judge from office.
This comes after Chief Justice Torkornoo reportedly submitted her written response to petitions that are asking for her to be removed from office. Her response was sent to the President and the Council of State before the deadline on April 7, 2025.
Mr. Ansa-Asare explained that once a committee is set up to look into the petition, the Chief Justice should step aside to protect the integrity of the investigation.
“If the Chief Justice continues to stay in office while a committee is investigating her, it could raise concerns about fairness and interference,” he said.
However, he warned that this process should not be misused. He stressed that suspension should only happen if the petition is serious and not based on weak or false claims.
“If the petition has no merit, then there is no need to go any further. But if it has some truth, then suspension is the right thing to do,” he added.