The Supreme Court of Ghana has dismissed a high-profile legal challenge seeking to reverse the suspension of Chief Justice Gertrude Torkornoo. The apex court ruled in a 4-1 majority verdict, effectively upholding the executive’s decision to suspend the country’s top judicial officer.
Background to the Case
The suit, filed by civil society advocate Kwame Baffoe, popularly known as Abronye DC, contested the legality of the Chief Justice’s suspension, arguing that it breached constitutional provisions governing the independence of the judiciary. The plaintiff requested the court to annul the suspension and reinstate Justice Torkornoo, citing lack of due process and improper procedure.
Supreme Court’s Majority Decision
The majority of the Supreme Court justices, however, held that the executive acted within its constitutional remit. The lead opinion emphasized that the Chief Justice, like any public officer, is not immune to disciplinary procedures when credible concerns are raised and constitutionally mandated processes are followed.
Justice Jones Dotse, who read the majority opinion, stated that “the balance between judicial independence and accountability must be maintained,” adding that the President acted based on prima facie recommendations from the appropriate bodies under Article 146 of the 1992 Constitution.
Dissenting Opinion
The lone dissent came from Justice Gabriel Pwamang, who contended that the process lacked transparency and risked setting a troubling precedent for interference in judicial matters. He argued that a higher threshold of scrutiny should apply when dealing with a sitting Chief Justice.
Reactions and Implications
Legal analysts have described the ruling as a pivotal moment for Ghana’s constitutional law, with far-reaching implications for the separation of powers and judicial accountability. The Ghana Bar Association is expected to issue a formal response in the coming days.
Justice Gertrude Torkornoo, who was appointed in June 2023, became the first female Chief Justice to face a suspension while in office.
Also Read: Majority of Ghanaians support Chief Justice suspension – Global Info Analytics survey