Law professor Kwadwo Appiagyei-Atua of the University of Ghana says that although former Chief Justice Gertrude Torkonoo has the legal right to seek reinstatement as a Supreme Court judge, a return to the bench could prove impractical.
His comments follow the former Chief Justice’s judicial review application challenging her removal from the Supreme Court—a move that accompanied her dismissal as head of the judiciary. Torkonoo argues that the President exceeded his constitutional powers in the process.
Speaking to Channel One News on Thursday, September 18, Prof. Appiagyei-Atua acknowledged the legal merit of her challenge but pointed to the tense environment her return might create.
“It shows why there’s a need to amend Article 146,” he explained. “As it stands, a chief justice can be removed but remain a Supreme Court judge. Practically, however, a toxic environment has been created. Most of the decisions were made against her. How is she going to relate to her colleagues who made those decisions?”
The professor stressed that while constitutional reforms could help close such loopholes, the current legal framework still gives Torkonoo the right to pursue her case despite the potential difficulty of resuming work alongside judges involved in her removal.
