Prof. Appiagyei-Atua: Former CJ Torkonoo’s Return to Supreme Court “Legally Possible but Impractical”

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A law professor at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, says while former Chief Justice Gertrude Torkonoo has the legal right to seek reinstatement as a Supreme Court Judge, her return to the bench may be impractical.

This comes after the former Chief Justice filed a judicial review application challenging her removal from the Supreme Court, which accompanied her dismissal as head of the judiciary.

She argues that the President exceeded his powers and violated constitutional provisions governing the removal of superior court judges.

Speaking to Channel One News on Thursday, September 18, Prof. Appiagyei-Atua affirmed the legal merit of her case but emphasised the need for constitutional amendments to prevent such ambiguities in the future.

“It spells out why there’s a need to amend Article 146, because as it is now, I see a loophole. And that loophole is that you can be a chief justice, you are removed, but you can remain as a Supreme Court judge. In that sense, the practicality is that there has been a toxic environment created. Most of the decisions are made against her. How is she going to relate to her colleagues who made those decisions against her?

That is where the gap is. I think that in practical terms, it may be difficult for her to come back. But in terms of law, she has the right to go there,” he said.

📌 Explainer: What Article 146 of the 1992 Constitution Says

Article 146 of Ghana’s 1992 Constitution outlines the process for removing superior court judges, including Justices of the Supreme Court and the Chief Justice.

Grounds for removal: A judge may only be removed for stated misbehaviour, incompetence, or inability to perform their duties due to infirmity of body or mind.
Petition process: Any petition for removal must be submitted to the President, who then forwards it to the Chief Justice. In the case of the Chief Justice, the petition is sent to the next most senior Supreme Court judge.
Committee of Inquiry: A special five-member committee is set up to investigate and make recommendations.
Binding recommendation: If the committee recommends removal, the President must act accordingly.

⚖️ The Loophole Debate

The law does not explicitly clarify whether a removed Chief Justice may continue to serve as an ordinary Supreme Court judge, creating what some legal experts call a “constitutional gap.”

This is the very ambiguity former Chief Justice Gertrude Torkonoo’s case seeks to test.