By Emmanuella Sarfo
Copyright ghanaguardian
A law professor at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, has stated that while former Chief Justice Gertrude Torkonoo legally has the right to seek reinstatement as a Supreme Court Judge, her return to the bench may be impractical.
This comes after Torkonoo filed a judicial review application challenging her removal from the Supreme Court, which was part of her dismissal as head of the judiciary.
She argues that the President overstepped his powers and violated constitutional provisions related to the removal of superior court judges.
Speaking to Channel One News on Thursday, September 18, Prof. Appiagyei-Atua acknowledged the legal merit of her case but highlighted the need for constitutional amendments to address existing ambiguities.
“It spells out why there’s a need to amend Article 146, because as it is now, I see a loophole. And that loophole is that you can be a chief justice, you are removed, but you can remain as a Supreme Court judge. In that sense, the practicality is that there has been a toxic environment created. Most of the decisions are made against her. How is she going to relate to her colleagues who made those decisions against her?
While acknowledging Torkonoo’s legal right, he suggested that in practical terms, a return to the bench may be challenging.
“That is where the gap is. I think that in practical terms, it may be difficult for her to come back. But in terms of law, she has the right to go there,” he added.
