Petitions against CJ not serious enough to justify suspension – Appiah-Kubi

Former Member of Parliament for Asante Akim-North, Andy Appiah-Kubi, has strongly criticised the Council of State following the suspension of Chief Justice Gertrude Torkornoo.

His comments come after President John Dramani Mahama suspended Chief Justice Torkornoo on Tuesday, April 22, after a prima facie case was established related to three petitions submitted by private citizen Daniel Ofori, senior police officer Ayamga Akolgo, and the civic group Shining Stars of Ghana.

The decision, taken under Article 146(6) of the 1992 Constitution and in consultation with the Council of State, led to the formation of a five-member committee to investigate the matter.

Speaking on ‘The Big Issue’ on Channel One TV with Selorm Adonoo, Mr. Appiah-Kubi said he had anticipated the government’s move to frustrate the Chief Justice but expressed disappointment in the role played by the Council of State.

“I knew that the government had such plans to frustrate the Chief Justice, and I knew that would happen. I think that it was improper for the President to have embarked on that tangent. But I wouldn’t fault him also for the path he has taken.

“What the constitution says is what he has done pursuant to the petition. These are some of the constitutional flaws that need to be reviewed, given the opportunity now,” he said.

Mr. Appiah-Kubi emphasized that allowing politics to interfere with the judiciary sets a dangerous precedent for the country.

“If we extend the hand of politics to the judiciary also, then it means we don’t have a place to run to in times of difficulty. It’s a very dangerous situation we have now. I would have hoped that the Council of State would have prevailed on the President. The substance of the petitions is not as strong as one would have expected,” he said.

He expressed disappointment in the Council of State’s recommendation, describing the substance of the petitions as weak and insufficient to warrant the suspension.

“I was very disappointed that the Council of State returned a verdict of prima facie. Personally, I think that it’s a very sad event unfolding,” he asserted.

Mr. Appiah-Kubi urged greater consideration of the broader implications of such decisions on governance and judicial independence.

“We’re setting a bad precedent in Ghana and Africa. It also affects investor confidence. We have to look at the totality of the outcomes before we come to a decision like this. The petitions are not grievous enough to warrant the removal [suspension] of the Chief Justice,” he emphasised.