A former Deputy Attorney General, Alfred Tuah-Yeboah, has expressed strong reservations about the suspension of the Chief Justice (CJ), Gertrude Torkornoo, by the President, John Mahama.
Speaking on JoyNews’ The Pulse on Tuesday, April 22, he questioned the rationale behind the decision and the role played by the Council of State in advising President John Dramani Mahama to suspend the Chief Justice.
According to Mr Tuah-Yeboah, although the Constitution provides room for the suspension of a Chief Justice under Article 146, he was “rather surprised” by the President’s decision to act on the Council of State’s advice.
“I’m surprised because the President is not bound by the advice of the Council of State, and the President may decide not to go by the advice that still indicates that C.J should be in office while the matter is being heard by the panel,” he said.
He described the Council of State’s advice as “very poisonous” and warned against actions that could undermine the independence of the judiciary, which he noted is one of the three co-equal arms of government.
“We have to be very careful with the way we treat the head of any arm of government in Ghana,” he cautioned.
“There are instances that you can say that they may want to advise the President to suspend the Chief Justice, but the grounds should be so weighed and not hollow.”
Mr Tuah-Yeboah further criticised the potential long-term impact of the decision, especially if the process drags on for months.
“So, from today, if it even takes the committee one year, six months to determine the matter, it will mean that another person has to act as the Chief Justice. And so if at the end of the matter, the CJ is exonerated, then what has happened to a period that has been spent?” he queried.
While he acknowledged that the President acted within the bounds of the Constitution, his concern remains the nature and quality of advice from the Council of State.
“I’m not saying that the President has acted unconstitutionally because the President has acted in accordance with Article 146 of the Constitution. My worry is about the Council of State and the advice that they give.”
When asked whether he was fully aware of the content of the petition that triggered the process, the former deputy Attorney General said “We have read part of it in the media, and I can assure you that what we have read in the media is not different from what the CJ is going to read when she appears before the panel.”
While he accepted that the Chief Justice must respond to the petition as part of due process, he reiterated that suspension is not an automatic requirement under the law.
“She has to face it. No dispute about it because by the constitution, if you are accused, you have to face it. But I’m talking about the suspension. That provision in the constitution is not an automatic provision; it must be applied carefully and thoughtfully.”
Mr Tuah-Yeboah also expressed concern over the broader implications for judicial independence in Ghana.
“Looking at the state of our nation, our democracy and the way forward, it does not send a signal that we are serious in protecting judicial independence in this country, but we are only serious in playing games with the judiciary,” he lamented.
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