Legal practitioner Kwame Jantuah has questioned the suspended Chief Justice Gertrude Torkornoo for petitioning the Supreme Court instead of President John Dramani Mahama.
According to him, President Mahama holds the authority to revoke her suspension.
His remarks follow a suit filed by Justice Torkornoo at the Supreme Court on Wednesday, May 21, seeking an interlocutory injunction to halt the operations of a committee established by President Mahama to investigate multiple petitions calling for her removal from office.
In her application, the Chief Justice also requested the recusal of Justices Gabriel Pwamang and Samuel Kwame Adibu-Asiedu from the committee, citing concerns over their impartiality.
The committee also includes former Auditor-General Daniel Yao Domelevo, Major Flora Bazwaanura Dalugo, and Professor James Sefah Dzisah.
Speaking on Morning Starr with Naa Dedei Tettey, Mr. Jantuah questioned the basis of the suit, pointing out that the Constitution gives the President discretionary powers in such matters.
Citing Article 146 of the Constitution, Jantuah emphasized that it provides the President with the discretion to revoke a suspension at any time.
Mr. Jantuah asked, “The petition she has put to the Supreme Court, was it the Supreme Court that suspended her? Should that petition not have gone to the president? Article 11 of the Constitution indicates “The President may at any time revoke a suspension under this article”, should it not have gone to the president, and the Constitution doesn’t go ahead to define the may in that clause. Does it, it doesn’t? That means he has discretionary power.”
He further suggested that if Justice Torkornoo had addressed her petition to the President, he could have sought legal advice, consulted the Council of State, or taken other steps before deciding whether to revoke the suspension.
So that petition she had sent to the Supreme Court, if it were directed at the president, would he not have to consider it and in considering it he may, use his own lawyers, he may go back to the Council of State, he may seek other advice, wouldn’t he because he has sole power, discretionary power in that in that clause to act either or. Should it not have gone to the president? Would he not have considered it, and maybe,e based on the content of her petition, decide she has a point, so revoke the suspension. Why has it gone to the Supreme Court?”
