Constitutional lawyer Raymond Bidema has dismissed claims by the Minority in Parliament that President John Mahama violated constitutional procedures in suspending Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
Speaking to Tutuwaa Danso on Starr Today, Mr. Bidema argued that the president’s decision was in line with Article 146(6) of the 1992 Constitution, contrary to the Minority’s contention that Article 296 was bypassed during the process.
“If you look at the Constitution, it is very clear as to how a matter of this nature should be handled. Whenever there is a petition against the Chief Justice, the President must, in consultation with the Council of State, determine whether or not a prima facie case has been made. Once that is established, it is the prerogative of the President to either suspend the Chief Justice or not, and that is anchored in the Constitution,” Bidema explained.
His comments follow the announcement on April 22, 2025, that President Mahama had suspended Chief Justice Torkornoo after receiving three separate petitions alleging misconduct. The President, acting in accordance with constitutional provisions, consulted the Council of State and established a prima facie case before appointing a committee to investigate the matter.
Justice Torkornoo, who was appointed in June 2023 by former President Akufo-Addo as Ghana’s third female Chief Justice, had previously faced a petition for her removal. That petition was dismissed by then-President Akufo-Addo, who stated that it had deficiencies, including a lack of substantial evidence and failure to meet the constitutional threshold required for such action under Article 146 of the 1992 Constitution.
Bidema also expressed confidence in the committee tasked with the investigation, stating: “Members of the committee are persons with high integrity and nothing can compromise them. They will do justice to the matter at hand.”
Source: Ghana/StarrFM 103.5FM/Tutuwaa Danso
