Ghanaian Constitutional Theorist Dr. Maame A.S. Mensa-Bonsu has raised concerns about the recent removal of Chief Justice Gertrude Torkornoo, cautioning that such actions may have unintended consequences on the country’s judicial system. According to Dr. Mensa-Bonsu, removing the head of the judiciary is not just an administrative process but a “constitutionally foundational matter” with deep institutional implications ¹.
Speaking on JoyNews’ Newsfile, Dr. Mensa-Bonsu emphasized that while President John Mahama acted within his legal rights when removing the Chief Justice, the decision’s timing and potential repercussions warrant careful consideration. She noted that the committee’s refusal to grant an extension to investigate all petitions against the Chief Justice might have been unwise, given the significance of the matter.
“The removal of a Chief Justice might be justified, but it can have structural side effects,” Dr. Mensa-Bonsu warned, using a medical analogy to illustrate her point. “Removing a tumor can save your life, but it might also leave you paralyzed or require you to relearn how to speak or use your arm.”
Dr. Mensa-Bonsu’s comments come amid ongoing debate about the removal process, with some critics arguing that the procedure was flawed and lacked transparency. The Old Tafo MP, Vincent Ekow Assafuah, has urged former Chief Justice Torkornoo to seek legal action against her removal, describing it as a “constitutional travesty” and an assault on judicial independence.
The controversy surrounding the removal of the Chief Justice highlights the complexities and challenges of balancing accountability and independence within Ghana’s judicial system. As the country navigates these issues, Dr. Mensa-Bonsu’s cautionary words serve as a reminder of the need for careful consideration and intentional addressing of the potential consequences.