Former Deputy Attorney General, Alfred Tuah Yeboah, has sharply criticised the Council of State’s recommendation that led to the suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, describing the advice as “very poisonous.”
Tuah Yeboah expressed serious concerns about both the necessity and broader implications of the Council’s recommendation, warning that it could have far-reaching effects on the independence of the judiciary.
His remarks follow President John Dramani Mahama’s decision to suspend the Chief Justice on Tuesday, April 22, after determining that a prima facie case had been established in response to three separate petitions seeking her removal. The action, taken in accordance with Article 146(6) of the 1992 Constitution and following consultations with the Council of State, has paved the way for a formal inquiry.
A five-member committee has since been established to investigate the petitions, as stipulated by the Constitution.
Speaking on Channel One Newsroom with Frema Adunyame on the same day, Mr. Tuah Yeboah cautioned against the potential long-term impact of the Council of State’s advice.
“If you take the Chief Justice out and you want to advise for her suspension, the Council of State need to tread cautiously, because whatever decision they take has far-reaching consequences, so far as judicial independence in Ghana is concerned. That is why I have stated elsewhere that the decision of the Council of State is very acidic, very poisonous,” he said.
He further warned that such actions could have dire consequences for Ghana’s democratic stability.
“And it has future consequences which are so dire when it comes to Ghana’s democracy. The Constitution stipulates that the Council of State will have to advise the President. That advice is not binding on the President, the buck stops with the President.”
Mr. Tuah Yeboah also stressed the need for careful application of presidential discretion in such sensitive constitutional matters.
“I think that moving forward, we need to look at situations where that discretion needs to be exercised properly,” he added.
