Majority Leader Mahama Ayariga has defended President John Dramani Mahama’s decision to suspend Chief Justice Gertrude Torkornoo, dismissing criticisms from the Ghana Bar Association (GBA) and other legal commentators.
In a statement issued on Wednesday, April 30, Ayariga justified the suspension, stating that it was carried out in accordance with constitutional provisions and in consultation with the Council of State, as required under Article 146(6) of the 1992 Constitution.
His remarks come in response to a statement by the GBA, dated April 26, which described the suspension as unconstitutional and lacking legal basis. The GBA argued that the President’s action, allegedly taken under Article 146(10), was flawed due to the absence of a published Constitutional or Statutory Instrument regulating the discretion, as mandated by Article 296.
Ayariga questioned the GBA’s stance, asking whether the Association had concerns with the advice given by the Council of State in the matter.
He expressed surprise at what he viewed as an attempt to discredit a constitutionally sanctioned process.
“The concerns over a particular President’s potential arbitrariness, caprice, bias, resentment, prejudice or the likelihood of personal dislike are equally expected to be contained by the mechanism of ensuring that he must obtain the advice of the Council of State.
“Unless the Ghana Bar Association (GBA) and all the commentators I have heard are saying they have issues with the advice of the Council of State, I am baffled at the disingenuous efforts to fault the process so far,” he asserted.
President Mahama suspended Chief Justice Torkornoo on Tuesday, April 22, after a prima facie case was established against her, following petitions submitted by private citizen Daniel Ofori, senior police officer Ayamga Akolgo, and the civic group Shining Stars of Ghana.
A five-member committee has since been constituted to investigate the matter.
