Suspended CJ not a criminal on trial – Ansa-Asare calls for respect amid legal proceedings – Nsemkeka
Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has called for the judiciary and investigative committee handling the case of suspended Chief Justice Gertrude Torkornoo to treat her with the dignity befitting her office, despite the ongoing proceedings regarding her possible removal.
Speaking on JoyNews’ The Pulse on Wednesday, May 28, Mr. Ansa-Asare stated that Chief Justice Torkornoo is not a criminal on trial and must not be treated as such.
He stressed that, although the legal process must take its course, the identity and status of the individual involved require careful consideration and respect.
“We are dealing with the Chief Justice of the Republic of Ghana, and therefore all the courtesy accorded to the office must continuously be bestowed on her,” Ansa-Asare said.
“She is not on trial as a criminal, so whether the matters were contained in a supplementary affidavit or not, the Supreme Court must take judicial notice of the fact that the person in front of them is their own colleague and head of their institution.”
His remarks follow a Supreme Court ruling earlier in the day that unanimously struck out a supplementary affidavit filed by Justice Torkornoo, citing that it disclosed information meant to be kept confidential under Article 146 of the Constitution.
The court maintained that such proceedings must be held in camera, given their sensitive nature.
However, Mr. Ansa-Asare said that legal rules should not be more important than treating the Chief Justice fairly and with respect, even if she is being investigated.
“Neither the court nor the committee should treat her as though she were an ordinary citizen. She remains the Chief Justice, and all the privileges, decency, and decorum must be available to her in accordance with Article 19 of the 1992 Constitution,” he insisted.
Article 19 guarantees the right to a fair trial and outlines principles of justice and human dignity in legal proceedings, including the presumption of innocence.
Justice Gertrude Torkornoo was suspended earlier this month amid a petition for her removal, with proceedings now underway to determine the merit of the allegations against her.