Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah, has questioned the government's decision to proceed with the removal process of Chief Justice, Gertrude Torkornoo under Article 146 of the Constitution, despite admitting that the provision lacks sufficient procedural clarity.
Speaking on Citi Eyewitness News following Majority Leader, Mahama Ayariga's announcement that the government is set to introduce new legislation to govern the removal of superior court justices, Baffour Awuah said the move confirms long-standing concerns about the inadequacy of Article 146. "Really and truly, it is a clear admission that Article 146 of the Constitution in its current form is insufficient and that a regulation is required in the nature of a legislative instrument," he said.
He emphasised that this position is consistent with what they have argued for years-that the absence of clear procedural guidelines undermines judicial independence and opens the door to arbitrary action.
The Manhyia South MP, however, criticised the government for continuing with the proceedings against Chief Justice Torkornoo despite acknowledging these legal shortcomings. "Having admitted that there is the need for regulation… how come we are still going through the removal proceeding of Justice Torkornoo?" he asked. "Is it the case that we think that other people deserve procedural propriety and fairness, but Justice Torkornoo doesn't?" He added that subjecting the suspended Chief Justice to a system "we all acknowledge not to be proper or sufficient" was both unjust and damaging to the judiciary.
