Lawyer Alex Gyamfi has defended former Chief Justice Gertrude Torkornoo’s decision to seek a judicial review of her removal from office, emphasizing that her actions fall squarely within her constitutional rights.
Speaking on the Asaase Breakfast Show on Thursday, September 18, Gyamfi framed the matter as a vital exercise of due process in a constitutional democracy.
“In a constitutional democracy, every action of government and its agencies can be questioned.
“That is why we call it the rule of law, because the law is deemed to be supreme and everybody is subject to it,” he said, underscoring the importance of accountability in governance.
Gyamfi explained that the former Chief Justice is fully entitled to challenge her removal in court.
“The Chief Justice is exercising her rights conferred by the constitution and she is entitled to go to court to seek a review,” he stated, adding that the case represents an important learning opportunity for legal practitioners across the country.
“This is a test case for all of us, and all the lawyers are monitoring and learning because new arguments will come up,” Gyamfi noted, highlighting the precedent-setting nature of the proceedings.
He further emphasized the principles underpinning Ghana’s democracy, pointing out that judicial power is derived from the people and must always be exercised fairly.
“Power emanates from the people and judicial power is exercised by the judiciary, subject to the law.
“If we are to be subjected to the law, we must follow due process, we must be fair, we must not be candid, and we should not be attracted by malice,” Gyamfi said, stressing that adherence to procedure and impartiality are central to the country’s legal system.
