Petition against Justice Torkonoo ‘mischievous, without merit’ – Ansah-Asare

Former Director of the Ghana School of Law, Kwaku Ansah-Asare, has criticised the petition seeking the removal of Chief Justice Gertrude Torkonoo, calling it "mischievous" and urging that it be dismissed.

The petition, filed on December 17, 2024, by Ghanaian-American professor and lawyer Stephen Kwaku Asare, accuses Chief Justice Torkonoo of constitutional and administrative breaches, claiming that her actions have undermined the credibility and integrity of the Judiciary.

Asare argues that the removal of the Chief Justice is necessary to preserve public confidence in Ghana's judicial system.

The petition, based on alleged misconduct and incompetence, is grounded in Article 146 of the 1992 Constitution of Ghana, which outlines the process for the removal of a Chief Justice.

The timing of the petition, just one month before President Akufo-Addo's tenure ends, has raised questions about its intentions, as the president is expected to follow constitutional procedures in handling the matter.

However, speaking on Morning Starr with Naa Dedei Tettey, Kwaku Ansah-Asare dismissed the petition, describing it as lacking merit.

He emphasised that the Chief Justice holds significant authority over the Judiciary, including the power to transfer judges, a responsibility that is well within her legal purview.

He further stated that administrative transfers of judges are routine and not grounds for impeachment unless they interfere with ongoing cases.

Ansah-Asare concluded by labelling the petition as "mischievous or wholly without merit" and called for it to be thrown out.

"It [the petition] is without merit. As head of the Judiciary, the Chief Justice is vested with enormous powers, including the authority to make administrative decisions. If the Chief Justice cannot direct the transfer of a judge for stated reasons, then what is he/she there for? The rules of court, which apply in all our courts, give her the power to transfer justices, and sometimes the justices themselves request the Chief Justice to make a transfer. There's nothing wrong with that.

"So again, it's not wrong for the Chief Justice to make a transfer. Where I would find a problem, for instance, is if the Chief Justice were to truncate a pending case; maybe the case has come to an end, and the judge is writing their ruling or judgment, and on that score, in order to avoid the judgment, the Chief Justice unnecessarily transfers the particular sitting judge.

"Administratively, judges have to be routinely transferred, so if the Chief Justice exercises such power, she should not be impeached for doing what the law says she can do. On these grounds, I would say the petition is either mischievous or wholly without merit and must be thrown out."