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Former Attorney General and lawyer for suspended Chief Justice Gertrude Araba Torkornoo, Godfred Yeboah Dame, has sharply criticised the ongoing removal proceedings against his client, calling them “procedurally flawed” and a threat to constitutional integrity.
Addressing journalists outside the Supreme Court in Accra on Wednesday, May 28, Mr Dame expressed disappointment following the Court’s unanimous dismissal of two key applications filed by the Chief Justice to halt the work of the presidential committee probing three separate petitions seeking her removal from office.
“This is not about bowing to pressure or emotion,” Dame declared. “This is about upholding due process, the rule of law, and constitutionalism in Ghana. That is what we seek.”
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Earlier in the day, the Supreme Court struck out a supplementary affidavit filed by Justice Torkornoo and subsequently dismissed her application for an interlocutory injunction aimed at suspending the committee’s work.
Despite the double legal setback, Mr Dame maintained that resignation was not under consideration.
“It is not on account of people putting pressure on the Chief Justice to resign or do whatever that we will take any decision. She knows what due process is. She knows what constitutional rights are, and I think that’s what she’s asking for,” he said.
On May 21, Chief Justice Torkornoo filed an application at the Supreme Court seeking to stop the committee set up by President John Dramani Mahama from investigating the removal petitions against her. She requested an injunction to prevent the six-member panel from commencing any inquiry until the Supreme Court rules on the legality of the process.
The application specifically sought to restrain Justices Gabriel Scott Pwamang and Samuel Kwame Adibu-Asiedu from presiding or participating in the committee’s proceedings. She also called on the court to suspend the presidential warrant for her suspension under Article 146(10) of the 1992 Constitution.
The committee, chaired by Justice Pwamang, includes fellow Supreme Court judge Justice Adibu-Asiedu, former Auditor-General Daniel Yao Domelevo, Major (Rtd.) Flora Bazuwaaruah Dalugo, and academic Professor James Sefah Dziasah.
So far, all legal challenges mounted by other individuals and groups questioning the legitimacy of the committee’s work have been dismissed by the courts.
The proceedings against the Chief Justice have divided public opinion. While some critics have called on her to step down voluntarily, Dame insists the Chief Justice will continue to challenge the process legally.
“The most important thing is that there must be an upholding of the rule of law in Ghana,” he stressed. “And we continue to assert our rights. The proper thing must be done.”
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