BREAKING - AG Seeks Supreme Court Interpretation in Torkornoo's Judicial Review
Accra, Ghana - In a significant legal development, the Attorney General has opposed the judicial review application filed by former Chief Justice Gertrude Torkornoo, challenging her removal as a Justice of the Supreme Court. Instead, the Attorney General is seeking the Supreme Court's interpretation of specific constitutional questions related to the case, citing Article 130(2) of the 1992 Constitution.
Former Chief Justice Torkornoo had filed a judicial review application arguing that the constitutional process for removing a Supreme Court judge differs from that of removing a Chief Justice. She contends that the President cannot use the outcome of proceedings for her removal as Chief Justice as a basis to remove her as a Justice of the Supreme Court, deeming such action irrational and beyond the President's constitutional powers.
However, in a counter-application filed by Deputy Attorney General Dr. Justice Srem-Sai on behalf of the Attorney General, the office is requesting the High Court to refer three specific questions to the Supreme Court for interpretation. This move aligns with constitutional requirements that mandate the referral of constitutional interpretation questions from lower courts to the Supreme Court for determination.
The Attorney General's request underscores the complexity of constitutional interpretation in the removal of high-ranking judicial officers in Ghana. The outcome of this legal battle could have significant implications for the understanding and application of constitutional provisions regarding the tenure and removal of Supreme Court justices.
The Supreme Court's interpretation of the constitutional questions referred by the High Court will be pivotal in determining the validity of former Chief Justice Torkornoo's arguments and the extent of the President's powers in such matters. As the case progresses, it will be closely watched by legal experts, judicial officers, and the public, given its potential impact on Ghana's judicial landscape.
Source – Lead News Online/Theresah Quao
