Former Deputy Attorney General and Minister for Justice, Diana Asonaba Dapaah, has criticised President John Mahama’s decision to suspend Chief Justice Gertrude Torkornoo, describing it as a breach of the Constitution.

Speaking in an interview on Asempa FM’s Ekosii Sen, Mrs Dapaah stated that there was no legal basis for establishing a prima facie case against the Chief Justice.

“My position has been that there is no basis whatsoever for finding a prima facie case in respect of at least the three petitions that have come,” she said.

She rejected claims that President Mahama had followed due process, insisting that his actions violated constitutional provisions.

“I do not agree with anyone who says the President used due process to remove the Chief Justice. I believe President Mahama has sinned against the Constitution,” she stressed.

Mrs Dapaah explained that under the Constitution, when the President determines a prima facie case against a Chief Justice, he may set up a committee to investigate further.

However, she stated that this discretionary power must not be abused.

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“The fact that the Constitution uses the word ‘may’ means the President’s decision is not automatic. It should not be based on prejudice, and it must be subjected to constitutional checks,” she said, referencing Article 296 of the Constitution.

According to her, if the President had been transparent, he would have provided clear reasons for establishing a prima facie case, but he failed to do so.

“The President should have given reasons for the prima facie case. Without those reasons, it is very grave,” she said.

She further explained that even though the President has the right to suspend a Chief Justice once a prima facie case is established, that discretion can still be reviewed constitutionally.

“The fact that the President’s discretion can be subjected to constitutional review still stands. So it is wrong to suggest that once the President acts, he cannot be questioned,” she said.

Mrs Dapaah cited the precedent of Agyei Twum’s case to support her argument that presidential discretion must be exercised fairly and transparently.

Her comments come in the wake of widespread public and legal debate over the suspension, with many questioning the transparency, motives, and procedural fairness of the President’s decision.