Was it the supreme court that suspended her – Jantuah challenges Torkornoo’s petition route

Legal practitioner Kwame Jantuah has raised concerns about suspended Chief Justice Gertrude Torkornoo. He questions her choice to petition the Supreme Court instead of President John Dramani Mahama.

In an interview on Morning Starr with Naa Dedei Tettey, Jantuah highlighted a legal issue. He stated that Ghana’s Constitution gives the president the power to revoke a suspension, not the Supreme Court.

Jantuah asked, “Was it the Supreme Court that suspended her? Shouldn’t that petition go to the president?” He referenced Article 11 of the Constitution. This article states, “The President may at any time revoke a suspension under this article.”

He argued that this clearly indicates only the president has that authority. “The Constitution doesn’t define ‘may’ in that clause,” he noted. “That means he has discretionary power.”

Jantuah explained further that if Torkornoo had sent her petition to President Mahama, he could have consulted widely before deciding.

“If directed at the president, wouldn’t he consider it? He might use his own lawyers or consult the Council of State,” he said. The president has sole discretionary power in this matter.

He also questioned whether Mahama might have found merit in her petition and lifted her suspension. “Wouldn’t he consider it and maybe decide she has a point?” Jantuah asked. “Why has it gone to the Supreme Court?”