Deputy Attorney General, Justice Srem-Sai, has revealed that suspended Chief Justice Gertrude Araba Esaaba Torkornoo has filed a fresh application at the ECOWAS Community Court of Justice in Abuja, Nigeria, challenging her suspension and the ongoing process to remove her from office.
This comes as three separate petitions in Ghana seek her removal. Justice Torkornoo, who was suspended by President John Dramani Mahama under Article 146 of the 1992 Constitution, is already contesting the suspension before Ghana’s Supreme Court and High Court.
In a Facebook post on Tuesday, July 8, Justice Srem-Sai disclosed that the Chief Justice filed the ECOWAS application on July 4, arguing that her suspension amounts to a de facto removal from office without a final determination of the petitions against her.
“Essentially, Her Ladyship argues that by her suspension, she has effectively been removed from her official capacity without a conclusive determination, impairing her right to serve in her constitutionally appointed role,” Srem-Sai wrote.
Meanwhile, on July 1, the Attorney General filed a motion at the High Court’s Human Rights Division seeking to strike out Justice Torkornoo’s application for judicial review.
The State’s affidavit, filed by State Attorney Reginald Nii Odoi, described the application as containing “grave misstatement of capacity” and lacking “mandatory and essential parties,” rendering it defective.
President Mahama, addressing the issue recently, said his government is strictly adhering to constitutional processes, adding that the presidency has fulfilled its mandate and is awaiting the investigative committee’s findings.
Justice Torkornoo’s suspension has sparked heated national debate, with lawyers, civil society groups, and political parties, including the opposition New Patriotic Party (NPP) and the Minority in Parliament, raising concerns over its implications for judicial independence.
The investigative committee’s final report will determine whether Justice Torkornoo is reinstated or permanently removed from office.
Source: AdomOnline
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