Legal practitioner Martin Kpebu has clarified the constitutional implications of the removal of former Chief Justice Gertrude Torkornoo, emphasizing that her dismissal automatically ends her tenure as a Justice of the Supreme Court.
Speaking on The Key Points on TV3, Mr. Kpebu explained that under Ghanaian constitutional law, once a Chief Justice is removed from office, they no longer retain a seat on the Supreme Court bench.
“There is no ambiguity based on established rulings—once a Chief Justice loses her position, she ceases to be a Justice of the Supreme Court,” he said.
His remarks come amid a legal challenge filed by Justice Torkornoo, who has petitioned the High Court to overturn President John Dramani Mahama’s directive removing her from the Supreme Court. In her application, she contends that the action was unconstitutional and exceeded the President’s authority.
According to Justice Torkornoo, the petition filed against her pertained solely to her role as Chief Justice. However, President Mahama’s removal extended to her position as a Justice of the Supreme Court. She argues that the Constitution prescribes distinct procedures for the removal of a Chief Justice and for a Justice of the Superior Courts, and that the investigative committee did not have the mandate to recommend her removal from the Supreme Court.
In her affidavit, Justice Torkornoo is seeking:
- An order of certiorari to annul the presidential warrant dated September 1,
- A declaration affirming that only a committee constituted under Article 146(4) can recommend the removal of a Justice of the Superior Courts, and
- A ruling that the President lacks independent authority to remove a Justice outside the constitutionally mandated process.
She filed the application under Article 141 of the Constitution, invoking the High Court's supervisory jurisdiction to address what she describes as unlawful actions by the executive. The removal directive was based on a recommendation by a five-member committee, which found her unfit to continue in office under Article 146(6).
Justice Torkornoo maintains that the process used to remove her undermines the constitutional separation of powers and the safeguards established for judicial independence.
Source: MyNewsGh.com
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