Retired Supreme Court judge Justice William Atuguba says the removal of Chief Justice Gertrude Torkornoo automatically strips her of her position as a justice of the Supreme Court, rejecting suggestions that she could return to the bench.
“Once she’s removed as Chief Justice, she cannot be a Justice of the Supreme Court,” he said.
“It’s a nice legal thinking for people to assume otherwise, but I’m not convinced she has a double tenure on the Supreme Court as Chief Justice and then Justice of the Supreme Court.”
Addressing concerns that the removal amounted to a form of double jeopardy dismissal, as both the Chief Justice and Justice of the apex court, Justice Atuguba acknowledged elements of unfairness but maintained that the grounds for removal are clearly defined.
“The grounds are stated misbehaviour or inefficiency. If you are performing and you are not politically inclined, why should they remove you? There’s still some element of unfairness there,” he noted.
Commenting further on entitlements and pension benefits after more than two decades of service, Justice Atuguba stated that the consequences were largely administrative.
“That is the consequence, I think, in administration. There’s nowhere in the Constitution that there’s a consequence of that kind. But administratively, if you were dismissed, you are not entitled to anything,” he concluded.
Source: Prince Adu-Owusu
