Private legal practitioner Mr Kofi Bekai says the Chief Justice Getrude Esaaba Torkornu still has her constitutional duty to appoint judges to preside over all the matters filed in connection with the processes seeking to remove her from office.
The Supreme Court has set April 2, 2025, as the date to hear the cases filed against the President following the decision to consult the Council of State on three petitions filed against the Chief Justice.
Concerns have been raised over the possibility of the Chief Justice appointing judges to preside over these cases she is directly a party to.
But the lawyer opines that this is not something we should be worried about.
‘’It is common knowledge that the Chief Justice will not preside over these matters. There are senior justices and deputies who can do that. She will not preside because this case directly affects her. But the prerogative is for her to appoint judges for these cases or allow her deputy to do so. Whether she appoints the judges or a third party does that, the judges should be empanelled to preside over the matters.’’
When asked if Ghanaians did not have a right to know whether she would be responsible for selecting the judges for the cases, he replied, ‘’You are not entitled to that information, and there is no need for you to know. The crucial point to understand is that we are in a court of law, and a judge or judges are presiding. These concerns are merely speculative and unnecessary. We must also recognise that if a case is adjudicated, one can file for a review, additional judges may be appointed, and the review may potentially result in a favourable outcome. Therefore, presumptions are unwarranted. As far as these cases are concerned, the empanelling of judges is necessary, and whether the Chief Justice performs this task or not, she is simply fulfilling her constitutional obligations”.
By: Rainbowradioonline.com/Ghana
