Manhyia South MP, Nana Agyei Baffour Awuah, has warned against attempts to remove Chief Justice Gertrude Araba Esaaba Sackey Torkornoo on what he describes as trivial grounds, cautioning that such actions could threaten the independence of Ghana’s judiciary.
Speaking on Citi FM’s Eyewitness News on Thursday, April 17, Awuah stressed the need for a careful reading of the constitutional provisions regarding the removal of a Chief Justice.
He noted that while the Constitution outlines grounds such as “stated misbehaviour” or “incompetence,” the interpretation of these terms is intentionally left to the discretion of the President and the Council of State.
“It is not necessarily the procedure; it is also about the potential outcome. If you avert your mind to the grounds for the removal of the CJ, you will notice something.
“You will notice that even though the grounds are stated there, what accounts for instance to stated misbehaviour, what accounts for instance to incompetence is something which is left to the good sense of the President and the Council of State, and the Constitution was deliberate about it,” he explained.
Awuah warned that without substantial justification, any move to remove the Chief Justice could compromise judicial independence and place the judiciary under executive control.
“In the same token, what constitutes stated misbehavior is unknown, and what goes into it is unknown. So very much heavily depends on the President and the Council of State at this point.
“All we are saying is that if there isn’t anything grievous, let’s not touch the Chief Justice because we risk making the judiciary a subsidiary of the executive,” he cautioned.
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