Council of State advice on Chief Justice suspension was poisonous - Tuah-Yeboah

Alfred Tuah-Yeboah, a former Deputy Attorney General, has concerns about the suspension of Chief Justice Gertrude Torkornoo. This decision was made by President John Mahama.

On JoyNews' The Pulse, he questioned the reasoning behind this action. He also wondered about the Council of State's role in advising the President.

Mr. Tuah-Yeboah noted that Article 146 allows for suspension. However, he was “rather surprised” by the President’s choice to follow the Council's advice.

He stated that the President is not obligated to accept this advice. The President could have allowed the Chief Justice to remain in office during the investigation.

Tuah-Yeboah described the Council of State’s advice as “very poisonous.” He warned against actions that might harm judicial independence, which is vital for government balance.

“We must treat leaders of government arms with care,” he cautioned. He added that any grounds for suspension should be substantial and not trivial.

He criticized potential long-term effects if this process takes months. If it takes a year or more, another person will act as Chief Justice.

If Torkornoo is later exonerated, what happens to her time away from office?

While acknowledging that the President acted constitutionally, he remains concerned about the quality of advice from the Council of State.

“I’m not saying the President acted unconstitutionally,” he clarified. “My worry is about the Council and their advice.”

When asked if he knew details of the petition leading to this process, he replied they had seen parts in media reports. He assured that these reports align with what Torkornoo will read before the panel.

He agreed that she must respond to allegations as part of due process. However, he emphasized that suspension isn’t automatically required by law.

“She has to face it,” he said firmly. “But suspension must be applied carefully and thoughtfully.”

Tuah-Yeboah expressed broader concerns for judicial independence in Ghana.

“Our democracy needs serious protection for judicial independence,” he lamented. “It seems we are only playing games with our judiciary.”