The Minority Leader in Parliament, Alexander Afenyo-Markin, has spoken out against the decision to remove the Chief Justice Gertrude Torkornoo from office.
He wondered why the Chief Justice was removed after findings on only one of three charges against.
Speaking to journalists in Akwatia, where the by-election is ongoing on Tuesday, September 2, he said, “We are mourning democracy. You claim that you have charges against the Chief Justice, so you are done with count 1, you have count 2 and 3 not done, and then you say you dismiss the person. That is the work of the Pwamang Committee? That is what Pwamang did as a judge?”
Also, a Former Attorney-General, Nii Ayikoi Otoo, said that Madam Gertrude Torkornoo did no wrong for which she was removed from office as Chief Justice by President John Dramani Mahama.
He made the point that the committee that handled the petitions for her removal deliberately ignored established policy.
“When these entitlements come, it is not for you to determine anything. You are just to determine whether you want to travel. So when you tell them that I intend to take my vacation in Arusha, Tanzania, then the officers will work on whatever is your entitlement and bring it to you. This is nothing new. As Attorney General, as an ambassador, that is what they do. They work out and bring it to you. You are not involved,” he explained.
“So it is for them to look at the policy. What is the policy? Are you entitled to per diem? They will tell you yes, you are entitled to per diem. If you are travelling with somebody, is that person also entitled to some per diem? They say yes, and so they are working and bringing it to you.
“What wrong did the Chief Justice commit for asking to go on a usual vacation as part of the conditions of service and saying that, well, I intend to go to Arusha. And then the judicial secretary, the head of finance travels, all those who have anything to do with travel, work on it and give the Chief Justice what is the entitlement?” he added.
“And again, as I said, there is a travel policy for the judiciary; they never refer to it. And that travel policy, the committee didn’t refer to it. They didn’t refer to it, although we tendered it. That, look, this is the travel policy. She’s entitled to travel with a person of her own choice, and she chose to do this.
“Remember that there have been other Chief Justices, some of them who had no spouses, and, therefore, the law, as at the time, was that you could go with, if it’s not your spouse, any person of your own choice.
“And so what wrong did the Chief Justice commit? Was she the one who asked that she be given travel expenses? Is she not entitled to the travel expenses? And as I keep asking, when you are in that office and you have to travel. Is it for you to determine I want this or that? It is for the organisation to work it and give it to you, assuming it was wrongly given to you. Is that not why you have an audit? Is it not the case for auditors to say that we think that you should be surcharged with a certain amount which you took unlawfully? Is it a ground for removal? And I’m surprised Domelovo was on it. He sat through it. He heard us. We made presentations to him. And he, in the midst of all, in the face of all this, comes out to say that she has misappropriated money. Which money?” He told Joy News.
President John Mahama removed Justice Torkornoo from office as Chief Justice on Monday, September 1.
This was announced in a statement issued by the Minister of Government Communications.
“President John Dramani Mahama has, in accordance with Article 146(9) of the 1992 Constitution, removed the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkonoo, from office with immediate effect. This follows receipt of the report of the Committee constituted under Article 146(6) to inquire into a petition submitted by a Ghanaian citizen, Mr Daniel Ofori. After considering the petition and the evidence, the Committee found that the grounds of stated misbehaviour under Article 146(1) had been established and recommended her removal from office. Under Article 146(9), the President is required to act in accordance with the committee’s recommendation,” the statement said.
This comes after President John Dramani Mahama received the report of the Article 146 Committee of Inquiry set up to investigate petitions calling for the removal of Gertrude Sackey Torkornoo.
This followed the determination of a prima facie case in three separate petitions that sought the removal of the Chief Justice from office. In line with constitutional requirements, President Mahama constituted a five-member committee to conduct the inquiry.
The committee was chaired by Justice Gabriel Scott Pwamang of the Supreme Court. Other members included Mr. Daniel Yaw Domelevo, former Auditor-General; Major Flora Bazaanura Dalugo of the Ghana Armed Forces (GAF); and Professor James Sefah Dzisah, Associate Professor at the University of Ghana.
In line with constitutional requirements, President Mahama has issued a Warrant of Removal.
3News has laid its hands on a copy of the warrant,
“NOW THEREFORE, KNOW YE ALL MEN that I, JOHN DRAMANI MAHAMA, President of the Republic of Ghana, in pursuance of the said Article 146(9), do hereby REMOVE the said Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo, from the office of Chief Justice and Justice of the Supreme Court, with effect from the date hereof. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Presidential Seal to be affixed at Accra this 1st of SEPT 2025.,” the document read.
Source:Lovinghananews.com
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