Former Chief Justice of Ghana, Gertrude Araba Esaaba Sackey Torkornoo, retains the legal right to return to the bench as a Supreme Court judge, according to Prof. Kwadwo Appiagyei-Atua, a law lecturer at the University of Ghana.
Speaking in an interview on Eyewitness News with Umaru Sanda Amadu, Prof. Appiagyei-Atua noted that while the President has the authority to retire a Chief Justice with a package that prevents her from resuming her duties, the former Chief Justice can still choose to return if she wishes.
He said,
“It can also be the case that the President can retire her on a package that will ensure that she doesn’t go back to the bench as a Justice of the Supreme Court. But I think that it is in her right if she wants to go back and sit as a justice of the Supreme Court. I think she can do that.”
The remarks come amid national conversations following the announcement of Chief Justice Torkornoo’s removal by President John Dramani Mahama.
Meanwhile, the Minister for Government Communications, Felix Kwakye Ofosu, has clarified that the government cannot disclose the reasons behind her removal due to constitutional restrictions.
Speaking on Channel One TV’s Akwatia Watch Programme on Monday, September 1, Mr. Ofosu explained that the disclosure of proceedings from the investigative committee is prohibited under Article 146 of the 1992 Constitution.
He said,
“The committee recommended the removal of the CJ. Because as you are fully aware, Article 146 does not permit disclosure of the proceedings of the committee.”
