Legal Expert Doubts Former Chief Justice Torkonoo's Return to the Bench Despite Constitutional Rights

 

Law Professor at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, has expressed skepticism about the likelihood of former Chief Justice Gertrude Torkonoo returning to the Supreme Court bench, despite constitutional provisions that permit such a move.

Speaking in an interview on Joy News, Prof. Appiagyei-Atua highlighted structural gaps within Ghana’s legal framework—particularly Article 146 of the Constitution, which outlines procedures for the removal of superior court justices. According to him, the current provisions leave a significant loophole.

“Article 146 should be revisited. As it stands, a Chief Justice who is removed from office can technically remain as a Supreme Court judge, and that opens up a legal and practical grey area,” he noted.

Justice Torkonoo, who was recently removed from her role as Chief Justice, has filed for a judicial review, challenging the legitimacy of her dismissal. In her application, she argues that the President exceeded his constitutional powers in orchestrating her removal.

While acknowledging that her case may have legal merit, Prof. Appiagyei-Atua cautioned that the internal dynamics within the judiciary may hinder her potential reinstatement.

“There’s a toxic atmosphere that has developed around this issue,” he said. “Most of the judicial decisions have gone against her, and that makes reintegration difficult.”

He raised concerns about how Torkonoo would interact with her peers should she return to the bench.

“How will she work with colleagues who were involved in decisions that undermined her position? That’s where the challenge lies. Legally, she has every right to return. But in practical terms, I believe it will be extremely difficult,” he concluded.

Source: MyNewsGh.com