Dr Justice Srem Sai, a Deputy Minister of Justice and Attorney-General, has asked the public to be measured in reactions to the suspension of Chief Justice Gertrude Torkornoo, cautioning that the establishment of a prima facie case does not imply guilt.
In an interview with JoyNews on Tuesday April 22, amid public debate following the announcement of the Chief Justice’s suspension, he said, “At this stage, we are not even sure whether the allegations are proven,” Dr Srem Sai said.
“Establishing that a case exists to answer, that is, the prima facie case has been moved out. That doesn’t actually mean that the Chief Justice is guilty of the allegations. It only means that the allegations are not frivolous.”
Dr Srem Sai described the matter as a technical and legal issue governed strictly by the Constitution and urged the public to refrain from politicising the process.
His comments come in the wake of heightened political commentary from both sides of the political divide.
Some members from the minority side in Parliament from the New Patriotic Party (NPP), at a press conference on Tuesday called for the reinstatement of the Chief Justice, describing her suspension as unjust and politically motivated.
The party argued that the suspension undermines the independence of the judiciary and sets a dangerous precedent.
Dr Srem Sai took exception to an earlier comment made by a former Deputy Attorney-General, Alfred Tuah-Yeboah who described the Council of State’s advice to suspend Chief Justice Gertrude Torkornoo as "poisonous".
He questioned the fairness of such remarks, especially given the lack of access to the petition and its contents.
“If you have not seen the petition and the content, which I have not seen, and he has also not seen, it would be very unfair to describe persons on the Council of State in such terms,” he said.
“I think we all know the composition of the Council of State. To suggest that they have ‘poisoned’ the system with a petition, merely by saying that there is a case to answer, I think that is unfortunate.”
“I would not be in a hurry to politicise or to condemn anyone’s actions at this point,” he said. “But let’s hope that, at least so far, the processes have been complied with, and there are more steps ahead. We should be watchful of those steps.”
He added that his office would continue to monitor the process to ensure that constitutional provisions are respected.
“If the process breaches the procedures provided by the Constitution, of course, we will be the first to say that this is unconstitutional. But for now, I think the processes have been complied with so far,” he stated.
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