Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has taken a strong stance against the suspended Chief Justice, Gertrude Torkornoo, over her decision to publicly comment on the ongoing proceedings regarding her suspension.
He described the move as "a wrong approach" and unbecoming of the head of the judiciary.
Mr Ansa-Asare described the Chief Justice’s decision to address the public directly as “a wrong approach” and inappropriate for someone at the helm of the judicial system.
Speaking on JoyNews’ The Pulse on Wednesday, 25 June, the veteran legal academic cautioned that it was improper for the Chief Justice to appeal to public opinion while proceedings into her potential removal from office are still underway and being conducted in camera.
“Here we are, the Chief Justice who knows or ought to know that when proceedings are being held in camera, you do not rush to the court of public opinion to tell your side or version of the part. No,” Mr Ansa-Asare remarked.
The Chief Justice, who was suspended in April 2025 by President John Mahama after the Council of State advised there was a prima facie case for her removal, recently broke her silence.
Addressing the media on Wednesday, June 25, she raised serious constitutional and procedural concerns, questioning the integrity of the process and asserting that the ongoing proceedings were designed to oust her without lawful justification.
However, Mr Ansa-Asare said the appropriate forum for airing such grievances is the committee tasked with the inquiry, not the media or the general public.
“She must go back to the committee, and whatever concern she has, she should express them there. She can articulate her opposition to Justice Pwamang before Pwamang and let him record her. Her lawyers must insist, ‘we want you to record whatever our client is saying’, but not turn to a press conference and share her frustrations expecting the public to support her,” he said.
He further pointed out that the public has no constitutional authority to influence the Chief Justice’s suspension, adding that only the President holds the power to lift or terminate the suspension through legally established processes.
“The public is not the President. The public cannot lift the suspension. The public cannot terminate the suspension. It is only the President who can do that in accordance with the processes laid down. It is not for the public at all,” he said.
Mr Ansa-Asare interpreted Justice Torkornoo’s actions as stemming from deep personal frustration, but warned that emotion should not override institutional decorum.
“This is yet another instance of a wrong approach from a musing Chief Justice. She is so frustrated,” he said, urging her to channel her defence through the appropriate legal and constitutional channels.
Background
Chief Justice Torkornoo’s suspension followed three separate petitions alleging abuse of power and misconduct in judicial proceedings.
A five-member committee chaired by Justice Gabriel Pwamang of the Supreme Court was appointed by the President to investigate the allegations.
Justice Torkornoo rejected the accusations, declaring that no one could ever accuse her of taking a bribe, and asserting that the process appeared “carefully staged” to remove her despite no lawful grounds for such an outcome.
“This is the personal treasure of integrity that I live with,” she said.
She also criticised the inquiry process, including the committee’s alleged refusal to inform her of specific charges or allow witnesses to testify, and expressed concerns over the composition of the committee itself particularly that Justice Pwamang, who sat on a case referenced by one of the petitioners, is now chairing the panel.
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