Was it the supreme court that suspended her – Jantuah challenges Torkornoo’s petition route
Legal practitioner Kwame Jantuah has raised critical constitutional concerns over suspended Chief Justice Gertrude Torkornoo’s decision to petition the Supreme Court instead of directing her case to President John Dramani Mahama.
Speaking during an interview on Morning Starr with Naa Dedei Tettey, Jantuah questioned the legal path chosen by the suspended Chief Justice, insisting that under Ghana’s Constitution, the president is vested with the authority to revoke a suspension—not the Supreme Court.
“The petition she has put to the Supreme Court, was it the Supreme Court that suspended her? Should that petition not have gone to the president?” Jantuah asked pointedly.
He cited Article 11 of the Constitution, which states: “The President may at any time revoke a suspension under this article.” According to him, the article clearly suggests the power lies solely with the president.
“The Constitution doesn’t go ahead to define the may in that clause. Does it, it doesn’t? That means he has discretionary power,” he emphasized.
Jantuah further elaborated that if the petition had been sent to President Mahama, the president would have had the latitude to consult broadly before making a decision.
“So that petition she had sent to the Supreme Court, if it were directed at the president, would he not have to consider it and in considering it he may, use his own lawyers, he may go back to the Council of State, he may seek other advice, wouldn’t he because he has sole power, discretionary power in that clause to act either or,” he explained.
He questioned whether the president, if approached directly, might have even found merit in the petition and opted to lift the suspension.
“Would he not have considered it, and maybe, based on the content of her petition, decide she has a point, so revoke the suspension. Why has it gone to the Supreme Court?”
