A former Director of the Ghana School of Law, Kwaku Ansa-Asare, has stated that the suspended Chief Justice Gertrude Torkornoo may have reached a stage where returning to her position is unlikely due to the interlocutory injunction she is seeking.
According to him, her latest action can affect her chances of returning to office.
"She has closed the door, she cannot enter - when the committee was set up, even though the President closed the door, he left the key hanging", he explained.
Dr Ansa-Asare clarified that the Chief Justice did not mention the President’s name in the suit because the Constitution grants the President immunity from such legal action. As a result, the Attorney General, Dominic Akuritinga Ayine was named as the defendant.
"She has sued the president, the only reason why she could not mention the name of the president in the suit is because of the immunity that the Constitution has accorded the president", she added.
The Chief Justice, Justice Gertrude Sackey Torkornoo, has filed a lawsuit at the Supreme Court challenging her suspension by President John Dramani Mahama.
In a writ filed by her lawyer, Godfred Yeboah Dame, a former Attorney General on Wednesday May 21, 2025, the Chief Justice is seeking declarations from the Supreme Court that her suspension as well as the impeachment process against her are unconstitutional and, therefore, null and void.
She is also seeking an order from the apex court setting aside her suspension by President Mahama and for the court to allow the petition proceedings against her to be heard in public and not in camera.
Additionally, she has filed an application for interlocutory injunction asking the court to halt the entire impeachment process against her pending the final determination of her lawsuit.
She is seeking a declaration that upon a true and proper interpretation of articles 23, 146 (6) and (7) and 296 (a) and (b) of the Constitution, Justice Gabriel Scott Pwamang is not qualified to be a chairman or member of the committee set up by President Mahama to inquire the petitions against Justice Torkornoo on account of having adjudicated and given various rulings in favour of one of the petitioners, Daniel Ofori in actions filed in the Supreme Court.
Following the determination of a prima facie case in the three petitions asking for the removal from office of Chief Justice Gertrude Torkornoo, President John Dramani Mahama has suspended her and set up a five-member committee to inquire into the petitions.
In the interim, a Justice of the Supreme Court, Justice Paul Baffoe-Bonnie, has assumed the role as acting Chief Justice.
JKB/VPO
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