The Member of Parliament for Manhyia South, Nana Agyei Baffuor Awuah, has questioned the legal basis for the removal of Chief Justice Gertrude Torkornoo, describing the grounds of “stated misbehaviour” as vague and undefined.
The Vice Chairman of the Subsidiary Legislation Committee and a member of the Constitutional and Legal Affairs Committee of Parliament raised this concern on JoyNews’ Newsfile.
He insisted that public officers, including judges, must be held to clear and predetermined standards, not ad hoc interpretations.
“Standards are predetermined; they are not ad hoc. So, if we are going to hold our Chief Justice and justices of the Superior Court to standards, they should be set standards which are predefined. What is stated misbehaviour? It’s still not known,” he argued.
His remarks come against the backdrop of President John Mahama removing Chief Justice Gertrude Torkornoo from office with immediate effect, following recommendations from a constitutional committee set up under Article 146 of the 1992 Constitution.
The decision came barely hours after the President received the committee’s report on a petition filed by Ghanaian citizen Daniel Ofori — one of three petitions submitted against the Chief Justice. After reviewing testimonies and evidence, the five-member panel concluded that grounds of “stated misbehaviour” under Article 146(1) had been established and recommended her removal.
He also challenged claims of financial misconduct, stressing that the Chief Justice is not a spending officer and follows laid-down procedures to access funds.
“How do you say this is embezzlement? The Chief Justice has to apply for funds, and her applications go through established procedures. When audit queries were raised, her explanations were accepted by the auditors. By no stretch of the imagination can this be called embezzlement,” he said.
Mr. Awuah cited constitutional provisions, arguing that the propriety of public expenditure is the sole mandate of the Auditor-General. Since the Auditor-General had not found wrongdoing, he questioned the basis for concluding that the Chief Justice had engaged in misconduct.
“Where is the wrongdoing? How does she commit an error by applying and going through the procedure to obtain expenses? I think that decision is so embarrassing, to say the least. Yes, let’s hold our judges and Chief Justice to a higher standard, but the standard ought to be defined,” he stressed.
Source: Myjoyonline
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