Private legal practitioner Austin Kwabena Brako-Powers has defended former Chief Justice Gertrude Torkornoo’s decision to challenge the recommendation of the Article 146 committee that led to her removal, saying her actions fall within the boundaries of constitutional justice and due process.
Brako-Powers dismissed suggestions that Torkornoo’s continued litigation makes her a “perennial litigant,” stressing that persistence in seeking justice should not be viewed negatively.
“The question is, must she stop litigating? I don’t think so,” he said. “Has injustice in the system stopped? No.”
He explained that while appeals are not permitted under Article 146, judicial review remains a legitimate tool for redress when a person believes their rights were violated.
“When you feel that the procedure adopted by a committee did not meet the test of fairness or justice, you have every legitimate right to question it,” he stated on TV3’s Keypoints as monitored by MyNewsGh, citing Articles 23 and 296 of the Constitution.
Brako-Powers argued that Torkornoo’s case carries significance beyond her personal situation.
“Any young lawyer or young woman listening today should know this fight may not benefit her immediately, but it will benefit her tomorrow,” he said, urging Ghanaians to see the case as a stand for institutional accountability.
Drawing on Martin Luther King Jr.’s Letter from Birmingham Jail, he reminded the public that challenging injustice is a moral necessity.
“Dr. King taught us that injustice anywhere is a threat to justice everywhere,” he said. “What Justice Torkornoo is doing may be uncomfortable for some, but it strengthens the foundation of our democracy.”
