Torkornoo’s reinstatement to the bench may prove unworkable – Prof. Appiagyei-Atua

University of Ghana law lecturer, Prof. Kwadwo Appiagyei-Atua, has cautioned that although former Chief Justice Gertrude Torkornoo is entitled to pursue reinstatement as a Justice of the Supreme Court, her return could prove unworkable in practice.

His remarks follow Justice Torkornoo’s decision to seek judicial review, contesting the President’s authority to remove her from both the leadership of the judiciary and the Supreme Court. 

She contends the dismissal breached constitutional safeguards governing the tenure of superior court judges.

Speaking in an interview with Channel One News on Thursday, September 18, Prof. Appiagyei-Atua acknowledged the constitutional validity of her challenge, but warned of broader implications if gaps in the law remain unaddressed.

“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 observed.