A former Senior Presidential Aide, Dr Tony Aidoo, is calling for a complete overhaul of the country’s judicial system to remove all unfit judges.
The NDC stalwart believes President John Dramani Mahama acted appropriately regarding the impeachment of Chief Justice Gertrude Torkonoo.
His comments follow the suspension of the fourth-highest officer in Ghana after sufficient grounds were established to proceed with an investigation into three petitions seeking her removal from office.
In accordance with Article 146(10) of the Constitution and on the advice of the Council of State, President Mahama issued a warrant suspending the Chief Justice with immediate effect, pending the outcome of a committee tasked with probing the matter.
Expressing his views on Joy FM’s Super Morning Show on Wednesday, 23 April, Dr Aidoo stated, “The judiciary must be cleansed of rogue judges. If there is a stench in a room, I have to let in fresh air.”
In his opinion, “The President is protecting the judiciary and Ghana from the actions of a person who does not behave in a manner that should keep her there.”
Dr Aidoo reinforced his point by citing law professor Kweku Asare, one of the first legal experts to call for the impeachment of the Chief Justice over actions he believed undermined democracy and the independence of the arms of government.
However, Dr Aidoo dismissed suggestions that the development could spark a cycle where judges are removed arbitrarily whenever there is a change in government.
“If a particular judge or Chief Justice has not done anything wrong, the processes will not lead to the stage where it is now,” he stressed.
“The President fulfilled his duty by passing on the petition to the Council of State, and, in consultation with the Council of State, a prima facie case has been established. Then the President uses his discretion to suspend the Chief Justice under the Constitution. What has he done wrong?” he queried.
Dr Aidoo finds nothing inappropriate about the president’s handling of the matter.
Even though members of the opposition New Patriotic Party (NPP) have criticised the president, citing bias and a failure to provide reasons for the development, Dr Aidoo finds nothing wrong with the exercise of discretionary powers.
He explained, “He (the President) has a duty and discretionary power; the duty states that ‘he shall’, the discretionary power says ‘he may’ perform his duty, first followed by his discretionary power.”
In a related development, one of the nine justices of the Supreme Court and the most senior on the bench, Justice Baffoe-Bonnie, has taken over as acting Chief Justice following the suspension of Justice Gertrude Torkonoo.
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