The Deputy Attorney-General, Dr. Justice Srem-Sai, has filed an application at the High Court, urging it to refer critical questions regarding the office of the Chief Justice to the Supreme Court for constitutional interpretation. This move comes amid a challenge to the removal of Justice Gertrude Torkornoo as Justice of the Supreme Court.
Key Questions for Interpretation
The Supreme Court has been asked to determine three crucial questions:
– Retention of Previous Judicial Office: Whether a person appointed as Chief Justice retains their previous judicial office.
– Membership of Superior Courts: Whether membership of the Superior Courts of Judicature is ex officio by virtue of holding the office of Chief Justice.
– Membership After Removal: Whether a person removed as Chief Justice retains their membership in the Superior Courts of Judicature.
Implications of the Case
The outcome of this case could significantly redefine judicial tenure and constitutional safeguards within Ghana’s legal framework. Dr. Srem-Sai’s application seeks to provide clarity on these matters, ensuring that the Office of the Chief Justice operates within the bounds of the Constitution.
As a renowned legal academic with expertise in constitutional law enforcement, human rights litigation, and corporate governance, Dr. Justice Srem-Sai is well-positioned to support the Attorney General in fulfilling the constitutional mandate of the office. The Supreme Court’s interpretation will likely have far-reaching implications for Ghana’s judiciary and governance structure.