Allegations against the Chief Justice not grave enough to warrant her removal – Kwabena Agyepong

A flagbearer hopeful of the New Patriotic Party (NPP), Kwabena Agyei Agyepong, has said that the allegations against the Chief Justice, Gertrude Torkornoo, are not serious enough to warrant her removal from office.

Kwabena Agyepong, also a former presidential spokesperson, stated that per the constitution, there ought to be a commission of a grave offence to warrant the impeachment of the Chief Justice.

But, so far, he said, the allegations don’t qualify to be grave enough.

He told journalists in Accra on Monday, June 30, that “It is impossible not to identify with the struggles of the Chief Justice. The judiciary is one of the three legs of our democracy. The executive changes every four years, the legislature does the same thing, but the judiciary remains the bulwark of our democracy.  So we don’t want to see any unnecessary references in the work of the judiciary.

“The Constitution is quite clear that if you have to impeach the chief justice, there has to be a commission of a grave offence. In fact, what surprises me is the fact that there are faceless petitions. I have heard of something called Shining Stars, I don’t know them, we don’t know them, and one Daniel Ofori. So far, the details don’t convince me that it passes the test of being grave enough to remove the chief justice.”

The suspended Chief Justice had said that every step of the process for her removal breaks the rule on how justice is delivered.

Read also: Every step of the removal process breaks every rule on how justice is delivered – Torkornoo

She pointed out that a copy of the petition seeking her removal has not been given to her by the committee, except the one she recited from the president.

“Unfortunately, every step of the removal process against me is being done in a manner that breaks every rule on how justice is delivered,” she said at a press conference in Accra on Wednesday, June 25.

She added, “Witnesses do not know the allegations in the petition and so are unable to answer questions about the petition.”

“The proceedings are being treated like a litigation between the petitioners and me,” she further stated.

“These violations include: the Committee’s refusal, in breach of the rules of natural justice, to recognise my counsel on the first day of proceedings simply because I was not personally present, and proceeding to fix hearing dates and make arrangements for the hearing without involving my counsel, even though he was physically present; the committee’s failure to indicate the specific allegations in respect of which a prima case has been established as well as the reasons for same, to enable me to determine my legal rights or adequately prepare a defence to the charges against me; the committee’s decision to permit two of the petitioners (Mr. Daniel Ofori and Shining Stars) not to testify to enable me cross-examine them on their petitions; a denial of opportunity to be in the hearing room with my husband or a close family member; a thorough search on my body and handbags in violation of protocols and courtesies extended to the Chief Justice in honour of the country, domestically and internationally; the conduct of the hearings in a cordoned high security zone on Castle Drive, Osu, when all Article 146 proceedings since 1993, had been held in a judicial facility at the Judicial Service, Accra. It is clear that the choice of venue, against the background of the secrecy of proceedings, was intended to intimidate me and to prevent any citizen of Ghana from knowing how the proceedings are being conducted.”

Read Also: The Chief Justice is acting in clear breach of the 1992 Constitution – Petitioner

President John Dramani Mahama in accordance with Article 146(6) of the Constitution and in consultation with the Council of State, determined that a prima facie case had been established in respect of three petitions against Madam Torkornoo.

A statement issued on Tuesday, April 22 said, “Pursuant to Article 146(10) of the constitution and in accordance with the advice of the Council of State, the President has by a warrant, suspended the Chief Justice with immediate effect pending the outcome of the committee’s proceedings.”

The statement, which was signed by the Minister in Charge of Government Communication, Felix Kwakye Ofosu added that, “The President has consequently, established a committee in compliance with Article 146(6) of the Constitution and in consultation with the Council of State with the following composition to inquire into the petitions which have been referred to them.

1. Justice Gabriel Scott Pwamang, Justice of the Supreme Court – Chairman
2. Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court – Member
3. Daniel Yaw Domelevo (Former Auditor-General) – Member
4. Major Flora Bazwaanura Dalugo (Ghana Armed Forces) – Member
5. Professor James Sefah Dzisah (Associate Professor, University of Ghana) – Member.”

President John Dramani Mahama forwarded three petitions calling for the removal of Chief Justice Gertrude Torkornoo to the Council of State for advice, in accordance with Article 146 of the 1992 Constitution.