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IMANI Ghana Vice President, Kofi Bentil has said that the erstwhile Chief Justice, Gertrude Torkornoo has yet to exhaust all legal processes available to challenge her removal from office.
In Mr. Bentil's view, Madam Gertrude is in the right direction to "attack procedure" in her removal.
In a TV3 New Day's The Big Issue interview on Thursday, September 18, Mr. Bentil stated it is in Torkornoo's interests to challenge procedure in her removal and stated it is healthy for the country's democracy.
"The processes have not been tried so she must use up the processes. It is good for us to know that she is challenging procedure.".
"If there is a principle that can be applied in her case, let her do it, that's all I am saying.
"What she's asking to be reinstated for me is not the question. The question is that the processes have not been exhausted, she should be allowed to exhaust it," he said.
On calls for a substantive Chief Justice to be appointed following the removal of Torkornoo, the private lawyer explained such calls are "wrong".
He argued that considering the several cases pending in the Supreme Court on the Volta Region matter, the President cannot bypass the ongoing processes to appoint a new Chief Justice.
It is illegal…if you have cases pending in court, the parties should have their hands tied. You cannot break the law trying to obey the law. So far, there are about four cases all on procedure pending on this matter, the right thing for all the citizens to ask the President is for him also to obay the law that is let the processes be run out.".
That is where the law is. When you have a case in court, you don't overstretch the law, you keep your hands and let the matter be ventilated. When you have judicial proceedings ongoing, you don't take action that overstretches the process," he stressed.
Kofi Bentil on behalf of the latest application brought by Gertrude Torkornoo in court said the constitution is clear regarding the appointment, treatment and dismissal of a Supreme Court Justice and a Chief Justice and thus it would be wise for the Supreme Court to make a declaration on whether dismissing a Chief Justice is the same as dismissing a Supreme Court Justice.
There is a compelling argument in the law and constitution and the compelling argument is that Chief Justice and a supreme court justice are different positions. The appointments are different, their treatments are different, their removal is different.".
"There is sound argument in law that they are separate to the level thus, it is appropriate that we complete the discernment of whether removal of a Chief Justice is the same as removal of a Supreme Court Justice," argued Mr. Bentil.
At the same time, the former Chief Justice Gertrude Torkornoo has filed an application to contest President John Mahama's strip of her office as Chief Justice and as a Justice of the Supreme Court.
She contends that the President's use of the warrant to strip the chief justice off the office cannot be invoked to strip her as a justice of the Supreme Court.
She's filing a petition with the supreme court to declare as void and unconstitutional, the President's use of the warrant of removal on 1st September 2025, ousting her from the position of Chief Justice as well as that of a Justice of the Superior Court of Judicature.