Constitutional Rights and Policy Strategy Advisor at the Democracy Hub, Oliver Barker-Vormawor, has praised former Chief Justice Gertrude Torkonoo for challenging the process that led to her removal from office.
He described her actions as “commendable” and significant for Ghana’s democratic and constitutional development.
Speaking on JoyNews Newsfile on Saturday, October 18, Mr. Barker-Vormawor said Justice Torkonoo’s decision to contest the process in court rather than “walk away quietly” demonstrates courage and commitment to the rule of law.
“We [Ghana] have never in this manner removed a Chief Justice before. For me, the issues she’s bringing up are interesting for our democracy — both in terms of constitutional and administrative law.
“She has decided not to walk away quietly, and that, for me, is commendable — that a person who believes their rights have been aggrieved will have a framework through which they are challenging them,” he stated.
Mr. Barker-Vormawor urged Ghanaians and state institutions to approach the matter with sober reflection rather than dismissiveness, noting that Justice Torkonoo deserves a fair and impartial hearing.
“Her colleagues in the judiciary should not only look at the executive posture and say that, well, the executive has already moved on with a new candidate. She has to get a fair hearing.”
He added that Justice Torkonoo’s challenge raises important legal questions about the powers and limits of administrative bodies such as the Justice Gabriel Scott Pwamang Committee, which investigated petitions for her removal.
“That is something that will be interesting to find out,” he observed.
The Democracy Hub advisor further questioned whether the vetting and appointment process for Justice Paul Baffoe-Bonnie, nominated by President Mahama as the next Chief Justice, could lawfully proceed. At the same time, the matter remains before the courts.
“I am not certain, based on how we’ve done these things previously, whether the appointment and vetting of a new Chief Justice can be stopped,” he noted.
His comments come after Justice Torkonoo filed a new legal action seeking to stop the vetting and subsequent appointment of Justice Baffoe-Bonnie as the next Chief Justice of Ghana.
Her application at the High Court also seeks to quash all proceedings of the Justice Gabriel Scott Pwamang Committee, which was established under Article 146 of the Constitution to consider petitions for her removal.
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