Leading New Patriotic Party (NPP) member Gabby Asare Otchere-Darko has questioned the constitutional requirement for in-camera proceedings in the removal process of suspended Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, arguing that the public exposure of allegations against her undermines the purpose of private hearings.
In a Facebook post on Thursday, May 22, 2025, Otchere-Darko suggested that the mandatory in-camera hearings under Article 146(8) of the 1992 Constitution may be inappropriate given the public nature of the allegations.
“In camera or on camera? What was the mischief that framers of the Constitution set to cure? Is it not made pointless and rather unfair to the accused when what she’s accused of is already all out there? Is this not when ‘SHALL’ must mean ‘MAY’?” he questioned.
Chief Justice Torkornoo was suspended on April 22, 2025, by President John Dramani Mahama following petitions citing “stated misbehaviour” under Article 146.
The petitions, filed by Daniel Ofori, Ayamga Yakubu Akolgo, and The Shining Stars of Ghana, allege interference in judicial cases, including the reconstitution of panels in the Opuni and Ablakwa trials.
She filed at the Supreme Court on May 21, 2025, seeking a public hearing among other reliefs.
Chief Justice Torkornoo argues that she has the right to waive the in-camera requirement under Article 146(8), citing her right to a fair hearing under Articles 17, 19, 23, 281, and 295 of the Constitution.
GA/KA
