A Deputy Presidential Spokesperson, Shamima Muslim, says President John Mahama acted within the law in suspending Chief Justice Gertrude Araba Esaaba Sackey Torkornoo about the proceedings of the three petitions asking that she should be removed from office for misconduct and stated misbehaviour.
Reacting to a fresh suit filed by Justice Gertrude Torkornoo challenging the process and the president’s action, Ms Shamima Muslim, who was speaking on the TV3 morning show on Thursday (May 22), said President Mahama was simply awaiting the outcome of the committee’s work.
Ms Muslim said President Mahama’s actions were based on Article 146(10) of the Constitution, which permits the suspension of a Chief Justice upon the advice of the Council of State while investigations are being conducted.
She questioned the basis of the Chief Justice’s legal challenge, especially her request for a public hearing, despite constitutional provisions requiring such proceedings to be held in camera.
“The Constitution says the proceedings shall be in camera. ‘Shall’ is not a suggestion; it is obligatory,” she said. “This isn’t just about her interest. It concerns the protection of the judiciary, the petitioners, and even her standing.”
She noted that while the court process may introduce delays, it does not override what the Constitution prescribes.
“We have seen before that suits like this can delay matters, but they do not stop the process altogether,” Ms Muslim observed.
On the issue of fairness, she maintained that justice must be applied consistently, regardless of one’s position in society.
