CJ REMOVAL: Bases Constitutional, Procedure Questionable – Kwabena Boateng
Hon. Kwabena Boateng, Member of Parliament for Ejisu and Deputy Ranking Member on the Interior and Defence Committee, has expressed serious concerns over the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, describing the procedure as procedurally flawed despite being constitutionally grounded.
In an interview on the Digest on Wednesday, the Hon. Lawyer emphasized that while the rule of law must be respected, the process leading to the Chief Justice’s removal sets a worrying precedent for Ghana’s judiciary.
“Based on Article 146 of the 1992 Constitution, we believe the procedure was questionable and lacked merit,” Hon. Boateng stated. “Although the substantive case may have some weight, the way the judgment was reached undermines the Republic’s constitutional provisions.”
He further noted that the committee tasked with investigating the Chief Justice appeared conflicted over its role, oscillating between acting as an adversarial body and a fact-finding committee, which created significant ambiguity in its operations.
Chief Justice Torkornoo herself had previously observed that the ruling was unprecedented, questioning whether the committee was operating under CI 47 or functioning as an informal inquiry body.
The Minority insists that the novelty of the case cannot justify deviations from established procedures. Hon. Boateng stressed that cases of such magnitude, with serious reputational implications, require clear legal provisions to guide the rights of the accused and ensure adequate preparation and defence.
He added that the process appeared to selectively apply portions of the law in a manner that could unfairly ambush the accused, raising concerns over fairness and consistency in the administration of justice.
