CJ dismissal doesn’t strip Torkornoo of Supreme Court role- Ansa-Asare

Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has warned that the government risks setting a troubling precedent in the way it is handling the exit of Justice Gertrude Torkornoo from the Supreme Court.

Addressing the 8th Congregation of MountCrest University College on Saturday, September 21, where 137 students graduated, Ansa-Asare argued that the 1992 Constitution does not permit the removal of a Supreme Court Justice simply because they are no longer serving as Chief Justice.

He explained that Article 146 of the Constitution outlines specific grounds, such as stated misbehaviour or incompetence for removing a Chief Justice, but it does not automatically revoke their position on the bench.

“I think that we administered common law rules, obedience to equitable principles. Our law insists not only on common law rules but also on equitable principles,” he said, citing Articles 11(1)(e) and 11(2) of the Constitution to highlight the importance of equity in Ghana’s legal system.

Ansa-Asare maintained that if Justice Torkornoo is to leave the Supreme Court entirely, the government must do so through a formal retirement process that allows her to receive all due entitlements, not through a questionable removal that undermines constitutional protections.

He urged the state to act with fairness and legal clarity to avoid creating a constitutional grey area for future judicial appointments and removals.