The government cannot publicly disclose the reasons behind the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo due to constitutional restrictions, Minister for Government Communications Felix Kwakye Ofosu said on Monday.
Speaking on Channel One TV, Ofosu said Article 146 of the 1992 Constitution bars the publication of proceedings related to the work of the committee that investigated the petition against the Chief Justice.
“The committee recommended the removal of the CJ. Because as you are fully aware, Article 146 does not permit disclosure of the proceedings of the committee,” he said.
“But the Chief Justice has been officially informed of her removal and the reasons behind it, in a letter sent through the President’s Secretary. A warrant, as prescribed by Article 146, was also issued.”
He added that while Torkornoo has been fully briefed, the government is legally barred from revealing the details to the public.
“I am not permitted by law to make any disclosures beyond the fact that the President has complied with the recommendations of the committee,” Ofosu said.
“Jubilee House cannot breach the Constitution of Ghana, which bars us from discussing details surrounding this entire proceeding.”
“A day of mourning”
Meanwhile, a former deputy attorney general Alfred Tuah-Yebiah has questioned the precedent set with the Torkornoo case.
He added that the process appeared too swift, creating the suspicion that judges could be vulnerable to politically driven petitions.
“This is the day that Ghana must mourn because the judiciary has been seriously battered today. It is going to put fear in the members of the judiciary and if care is not taken they would not be able to administer justice independently and fairly,” Tuah-Yeboah said.
“Now it is clear that petitions can just fly and within some days or months you’re off,” he added.
Torkornoo was removed after a constitutional committee, set up under Article 146(6), investigated a petition filed by Daniel Ofori and concluded that allegations of stated misbehaviour under Article 146(1) had been proven.
President John Dramani Mahama, bound by Article 146(9), implemented the committee’s recommendation on 1 September.
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