Justice Torkornoo wants the Supreme Court to stop Justices Gabriel Scott Pwamang and Samuel Kwame Adibu-Asiedu from being part of this committee. Her lawyers say that if these two judges stay on the committee, it won’t be fair. They also say it goes against basic rules of justice.
A legal expert who knows about the case told Opera News, “They cannot be judges in a case that involves them.” This means that the judges who are supposed to be fair and judge others should not be judging someone who is like them. The expert added, “It creates a bad example if Supreme Court judges are allowed to decide the future of one of their own.”
Even more surprising, Justice Torkornoo also asked for a special order to stop the whole investigation until the court makes a decision. She also wants to stop President Mahama’s order, known as Article 146(10) warrant, which allowed her to be removed from her position.
The committee is made up of important judges, well-known people like Daniel Yao Domelevo, and legal experts. This committee is now being watched closely by the public. This is because the fight over who is responsible in Ghana’s top court is getting bigger.
This whole situation is very important because it deals with how justice works at the very top. When a Chief Justice, who is the highest judge, is under investigation, it makes everyone pay attention. It shows that even people in very powerful positions can be held accountable for their actions.
The idea of “natural justice” is very important here. This means that everyone has the right to a fair hearing. One of the main rules of natural justice is that no one should be a judge in their own case. If Justices Pwamang and Adibu-Asiedu have some connection to the issues being investigated, or if their presence could make the process seem unfair, then Justice Torkornoo’s argument makes sense. She is saying that their involvement would make it seem like the decision is already made, or that they might not be completely unbiased.
The request to stop the whole inquiry, called an “interlocutory injunction,” is also a very strong move. If the court agrees to this, it means the investigation will stop completely until the Supreme Court decides whether the two judges should be removed. This would give Justice Torkornoo more time and could change the whole direction of the investigation.
President Mahama’s Article 146(10) warrant is the official order that allowed for her removal. Justice Torkornoo wants this order to be stopped too. This shows how serious she is about fighting against her removal and challenging the legal steps taken against her.
The public is watching this closely because it’s not just about one person. It’s about how the justice system in Ghana works. It’s about whether the highest levels of power are truly fair and just. When there are questions about fairness at the top, it can make people lose trust in the system.
This legal battle is happening at a time when there’s a lot of talk about making sure people in power are responsible for what they do. This case will set a big example for how similar situations might be handled in the future. It will show how strong the legal system is in Ghana and if it can handle tough situations where powerful people are involved. The outcome of this case will be very important for the future of justice in the country
Source: joynews