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Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has entered the constitutional conversation surrounding the possible suspension of Chief Justice Gertrude Torkornoo, stating that the President is duty-bound to suspend her if a prima facie case is established.
His comments come after the Chief Justice reportedly submitted her official response to petitions filed for her removal. Sources confirm that her written reply was sent to both the President and the Council of State before the April 7, 2025 deadline.
Speaking on Eyewitness News on Monday, April 7, Ansa-Asare broke down the constitutional requirements in such situations, drawing on Article 146(7) of the 1992 Constitution.
He explained, “The provision in Article 146(7), the committee appointed under clause 6 of this article shall inquire into the petition and recommend to the president whether the chief justice ought to be removed from office. With my understanding and the reading, this is that, where the president, acting in consultation with the council of state, is of the view, pursuant to the consultation, that a prima facie case has been made out, then the committee is set up.”
He further stated that once such a committee is formed, the President has an obligation to act.
“The moment the committee is set up, the president is then obliged to (may) suspend the chief justice, and I think it is fair,” he added.
Ansa-Asare argued that allowing the Chief Justice to continue serving while an investigation is ongoing could raise questions about the process’s fairness and credibility.
“Because if a committee has been set up, it is to inquire into the allegation. And while the committee [is] inquiring into the allegation, the chief justice cannot remain in office because there is a likelihood of interference, and therefore, she has to step aside. It is at that point that the president may remove her,” he explained.
However, he was also clear that such action should only be taken if the petition presented is credible.
“But I will say, if the petition is frivolous, then there is no need to set up a committee. But when the petition has some merit, and a prima facie case has been made, then the committee is set and after that the president will be right to suspend the chief justice,” he concluded.
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