No one can force CJ to resign, she’ll assert her rights – Godfred Dame – Nsemkeka
Former Attorney General, Godfred Dame has insisted that the processes regarding the ongoing removal process of the suspended Chief Justice Gertrude Arabe Torkornoo are flawed.
Mr Dame, who is also a lawyer for the CJ, is arguing that due process and constitutionality have been relegated to the background.
He said this outside the court premises in Accra after the suspended Chief Justice suffered yet another defeat in her attempt to halt the proceedings by the five-member committee set up to probe the three petitions seeking her removal.
On Wednesday, May 28, the Supreme Court unanimously dismissed her injunction application against the committee.
This ruling was delivered a few hours after her supplementary affidavit was also struck out unanimously by the Court.
Some critics have also suggested that the Chief Justice resigns of her own accord to save herself the trouble.
However, her lawyer is of an entirely different view.
Speaking to journalists, Godfred Dame explained that resignation is not on the table because “due process, rule of law, constitutionalism, must prevail in Ghana.”
“That is what we seek. It is not account of people putting pressure on CJ to resign or do whatever that will take any decision. The most important thing is that there must be an upholding of the rule of law in Ghana. And we continue to assert our rights. The proper thing must be done. As far as I’m concerned, the correct thing must be done… She knows what is due process. She knows what is constitutional rights, and I think that’s what she’s asking for,” he added.
Background
Gertrude Torkornoo, on May 21, filed an application at the Supreme Court seeking to restrain a committee set up by President John Mahama to investigate petitions seeking her removal from office.
In the suit, she requested an interlocutory injunction to halt all proceedings of the committee, pending the final determination of the case.
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According to Court documents, the Chief Justice wanted the Supreme Court to issue an order restraining the six-member committee, composed of Justices Gabriel Scott Pwamang and Samuel Kwame Adibu-Asiedu, as well as Daniel Yao Domelevo, Major Flora Bazuwaaruah Dalugo, and Professor James Sefah Dziasah, from proceeding with any inquiry related to the petitions brought against her.
The application also sought to bar Justices Pwamang and Adibu-Asiedu from presiding or participating in any deliberations of the committee.
Further, the Chief Justice was also asking the court to suspend the operation of the warrant for her suspension issued by the President under Article 146(10) of the Constitution until a final determination is made on the matter.
Other legal actions taken by some individuals and a group at the Supreme Court against the processes so far by the Committee have been dismissed.