A law lecturer at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, has cautioned that former Chief Justice Gertrude Torkonoo may face significant hurdles in returning to the Supreme Court, despite having the constitutional right to do so.
His comments follow Justice Torkonoo’s judicial review application challenging her removal from the bench, which coincided with her dismissal as head of the judiciary. She maintains that the President exceeded his authority and breached constitutional provisions governing the removal of superior court judges.
Prof. Appiagyei-Atua acknowledged that her case carries legal merit but argued that it exposes weaknesses in the country’s constitutional framework.
“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,” he said.
The law professor, however, warned that the practical realities could prove more challenging than the legal position.
“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? 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 noted.
Justice Torkonoo’s case is expected to reignite debate over constitutional reforms, particularly the provisions governing the tenure and removal of top judicial officers.
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