Hot SourceA senior legal academic has warned that former Chief Justice Gertrude Torkonoo may find it almost impossible to reclaim a seat on Ghana’s Supreme Court, despite having the constitutional right to do so.
University of Ghana Law Professor Kwadwo Appiagyei-Atua made the assessment after Justice Torkonoo filed a judicial review application challenging both her removal as head of the judiciary and her dismissal from the bench. She argues that the President overstepped his authority and breached constitutional safeguards governing the removal of superior court judges.
Prof Appiagyei-Atua acknowledged that her claim is legally sound but said the case exposes a weakness in Article 146 of the 1992 Constitution.
“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,” he said.
The professor cautioned that even a favourable ruling might not guarantee her return to the apex court.
While the law supports her reinstatement, he stressed that office politics and strained relationships could prove a formidable barrier, turning what is constitutionally possible into a near-impossible reality.
“In that sense, the practicality is that there has been a toxic environment created. Most of the decisions are made against her.
“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.”
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