A law professor at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, says former Chief Justice Gertrude Torkonoo may find it nearly impossible to return to the Supreme Court despite having the legal right to do so.
This follows her judicial review application challenging her removal from the bench, which coincided with her dismissal as head of the judiciary.
She insists the President overstepped his authority and violated constitutional provisions on the removal of superior court judges.
Prof. Appiagyei-Atua admitted her case has legal weight but argued the situation exposes flaws in the Constitution.
“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.”
He cautioned that even if the law permits her reinstatement, the reality could be fraught with difficulty.
“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.”
