Law Professor at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, has expressed doubt over the prospects of former Chief Justice Gertrude Torkonoo returning to the Supreme Court, despite the law permitting her to do so.
Speaking on the matter on Joy News, he highlighted gaps in Ghana’s constitutional framework, particularly Article 146, which governs the removal of superior court judges.
“It spells out why there’s a need to amend Article 146, because as it is now, I see a loophole. And that loophole is that you can be a chief justice, you are removed, but you can remain as a Supreme Court judge,” Prof. Appiagyei-Atua explained.
Torkonoo, who was dismissed as Chief Justice, has filed a judicial review application challenging her removal, arguing that the President overstepped his authority and breached constitutional provisions.
While acknowledging the legal merit of her case, Prof. Appiagyei-Atua warned that the realities within the judiciary could undermine her return.
“In that sense, the practicality is that there has been a toxic environment created. Most of the decisions are made against her,” he observed.
He further questioned how the former Chief Justice could reintegrate into the Supreme Court after such developments.
“How is she going to relate to her colleagues who made those decisions against her? That is where the gap is. I think that in practical terms, it may be difficult for her to come back. But in terms of law, she has the right to go there,” he stressed.
