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A former Deputy Attorney General and Minister for Justice, Diana Asonaba Dapaah, has stated that there is no legal basis for establishing a prima facie case against the Chief Justice, Justice Gertrude Torkornoo.
Speaking on Newsfile on Saturday, Ms Dapaah said that after reviewing the three petitions submitted to President John Mahama seeking the removal of the Chief Justice, she found them insufficient to warrant any prima facie case.
“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 remarked.
Her comments come in the wake of the Chief Justice’s suspension by President Mahama, following advice from the Council of State.
The suspension has sparked widespread public and legal debate, with many questioning the transparency, motive, and procedural fairness of the decision.
Ms Dapaah explained that President John Mahama has breached Article 146, "The whole purpose of Article 146 is guided by the Constitution generally and by the very position of Article 146. Now we have seen the suspension, and what I see is that Clause 10 of Article 146 permits, by way of exercise of discretion for the president to exercise this discretion to suspend the Chief Justice."
The petitions in question allege various breaches by Justice Torkornoo, including abuse of office and misconduct, though critics argue that the details of these accusations remain vague and politically motivated.
Ms Dapaah stressed the importance of following due process, especially in matters involving high-ranking judicial figures.
The controversy surrounding the suspension continues to dominate national discourse, as many await further clarification from a five-member committee set up by the Presidency to probe the case.
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