Suspended Chief Justice’s Legal Challenge Is Unfounded and Provocative, Says Kwaku Ansa-Asare

Kwaku Ansa-Asare, a prominent legal scholar and former Director of the Ghana School of Law, has sharply condemned suspended Chief Justice Gertrude Torkornoo’s efforts to block the constitutional process aimed at her possible removal from office.

Labeling her legal challenge as “unconstitutional” and “provocative,” Ansa-Asare cautioned that it poses a threat to the stability of Ghana’s constitutional framework.

In an interview with Joy News on Wednesday, May 21, Ansa-Asare stated, “It is deeply troubling that Chief Justice Gertrude Torkornoo is attempting to obstruct a constitutionally mandated process. Any effort to halt it would, in itself, be unconstitutional.”

Justice Torkornoo was suspended by President John Dramani Mahama in accordance with Article 146 of the 1992 Constitution, after three separate petitions were filed seeking her removal. In response, she has submitted a request for an interlocutory injunction to the Supreme Court.

The application, submitted by former Attorney-General Godfred Yeboah Dame on behalf of the Chief Justice, aims to exclude Justices Gabriel Scott Pwamang and Samuel Asiedu from participating in the inquiry, alleging they had private discussions with a lawyer connected to the case.

However, Kwaku Ansa-Asare believes the Chief Justice's move is a clear attempt to derail the constitutional process. “What the lawyers and the Chief Justice are doing is all noise without substance—they’re barking but lack the power to bite,” he remarked.

Ansa-Asare emphasized that President Mahama has adhered strictly to the procedures set out in Article 146 of the Constitution. He argued that Justice Torkornoo should have first approached the Judicial Council rather than taking the matter directly to the Supreme Court.

“She ought to have taken her concerns to the Judicial Council,” he insisted. “That institution was established under the Constitution to ensure Chief Justices conduct themselves appropriately.”

He further pointed out that the judiciary does not enjoy unchecked independence under the Constitution, and warned that any attempt to hinder a constitutional process could erode public confidence in the justice system.