Nana Yaw Sarpong, Political Assistant to independent presidential candidate Alan Kyerematen, has defended President John Mahama’s handling of the petition against Chief Justice Gertrude Torkornoo, stating that the President acted in line with the Constitution and should not be faulted for forwarding the petition.
Speaking on Bullet TV’s Morning Target hosted by Nana Kweku Aduah, Sarpong argued that the President should not have given a copy of the petition to the Chief Justice at the early stage, stressing that such a step was premature.
“I am of the view that the Chief Justice was not even supposed to be given a copy of the petition until after the committee had been formed. That’s what the Constitution says. The President is just a conduit – a recipient of the petition. He doesn’t determine whether to act on it or not,” he said.
According to him, the President’s role under Article 146 of the Constitution is limited to forming a committee, in consultation with the Council of State, once a petition is received. The responsibility of determining whether a prima facie case exists lies solely with that committee.
Sarpong dismissed claims that the suspension of the Chief Justice dents Ghana’s image, questioning why similar concerns weren’t raised in previous cases involving judicial manipulation.
“Is the Chief Justice the only person whose removal could affect the image of the country? What about instances where people were jailed despite being granted bail? Or when judges were transferred immediately after sensitive rulings? Those incidents also damaged the judiciary’s credibility,”- he stated.
He cited the example of Gregory Afoko, who he claimed was unjustly detained for years after being granted bail, as well as politically sensitive court cases which were delayed or fast-tracked based on timing and political convenience.
Sarpong called out lawyers and critics who have raised alarm over the CJ’s suspension, describing some of their arguments as politically motivated rather than grounded in the Constitution.
“You can’t just speak law. Back your claims with authority. Some people are interpreting Article 146 as if the President has breached the law, but a plain reading shows he acted within his mandate,” – he argued.
He further emphasized that Article 146(6) clearly outlines the President’s responsibility to appoint a five-member committee – including two Supreme Court Justices and three non-politically affiliated individuals – to probe the petition. “That is what has been done. So where is the breach?” – he asked.
Nana Yaw Sarpong concluded by reiterating that while he is not a lawyer, the constitutional process appears to have been followed correctly. He called on Ghanaians to read the Constitution for themselves and not allow partisan commentary to shape public opinion.
The suspension of Chief Justice Torkornoo has sparked national debate, with legal experts, civil society, and religious groups divided over the legality and implications of President Mahama’s decision.
Ghana|Atinkaonline.com|Ebenezer Madugu