Mahama’s suspension of Chief Justice unlikely to be revoked – Kpebu

Legal practitioner Martin Kpebu has defended President John Mahama’s decision to suspend Chief Justice Gertrude Torkornoo, describing it as constitutionally sound and unlikely to be overturned.

According to Kpebu, Article 146 of the 1992 Constitution empowers the President to determine whether a petition seeking the removal of a judge, including the Chief Justice, has merit, without first requiring a response from the judge in question.

“The Constitution permits the President to assess the merit of a petition at the preliminary stage without seeking the Chief Justice’s comments. That power is not political, it’s constitutional. Unless there’s a clear breach of procedure, the decision is unlikely to be reversed,” he said.

President Mahama’s decision followed the receipt of three separate petitions against the Chief Justice and consultations with the Council of State.

A statement issued on April 22 confirmed that a prima facie case had been established, prompting the President to suspend Justice Torkornoo with immediate effect, in line with Article 146(10).

A five-member committee has been set up to investigate the allegations. The committee includes:

• Justice Gabriel Scott Pwamang, Supreme Court – Chair

• Justice Samuel Kwame Adibu Asiedu, Supreme Court – Member

• Daniel Yaw Domelevo, Former Auditor-General – Member

• Major Flora Bazwaanura Dalugo, Ghana Armed Forces – Member

• Professor James Sefah Dzisah, University of Ghana – Member

Despite ongoing debate and legal challenges, Kpebu insists the process has followed constitutional guidelines and is unlikely to be undone.

Meanwhile, the Supreme Court has set May 6 to hear the injunction applications against the petition to remove the Chief Justice from office.