Prima facie determination against sacked CJ Torkornoo is a 'policy decision' – Srem-Sai defends

Deputy Attorney General and Minister of Justice, Justice Srem-Sai, has defended the determination that there was a prima facie case against the sacked Chief Justice, Gertrude Torkornoo, by the Council of State after three petitions were filed for her removal.

In his statement of case in a suit filed at the Supreme Court, challenging the determination of the prima facie case against the former Chief Justice, the deputy attorney general argued that there was nothing wrong with the decision of the Council of State.

The plaintiff in the case, Theodore Kofi Atta-Quartey, argued that the prima facie determination of the petitions for the removal of Justice Torkornoo by the President, John Dramani Mahama, and the Council of State was unconstitutional for failure to offer a reasoned opinion for their determination.

He, therefore, asked the court to declare that the determination of a prima facie case by the Council of State was unconstitutional because there is no Constitutional Instrument to regulate the determination.

However, Srem-Sai asked the court to throw out the suit, arguing that the determination of a prima facie case is a policy decision which ought not to suffer judicial review by the Supreme Court.

“The Attorney-General presents the following arguments in support of the prayer that the case in the Writ be dismissed: a. That the absence of a Constitutional Instrument to regulate the exercise of discretionary power under Article 146 of the 1992 Constitution does not nullify the exercise of such power; and b. That the prima facie determination by the Council of State in respect of the petition for the removal of a person from the office of Chief Justice does not require a reasoned judicial decision,” part of the statement of case which was shared by TheLawPlatform reads.

It added, “That the absence of a Constitutional Instrument to regulate the exercise of discretionary power under Article 146 of the 1992 Constitution does not nullify the exercise of such power.”

Chief Justice Gertrude Torkornoo sacked

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