CJ Removal: Legal Practitioner Lawyer Alidu Mohammed defends Torkornoo’s petition as Lawful
Lawyer Mohammed explained that the Chief Justice’s move aligns with established legal principles that allow parties in a case to request the recusal of judges suspected of bias.
Private legal practitioner Alidu Mohammed has affirmed that suspended Chief Justice Gertrude Torkornoo acted within her legal rights by petitioning the Supreme Court to disqualify two of its justices from participating in proceedings related to her possible removal from office.
Justice Torkornoo is seeking to bar Justices Gabriel Scott Pwamang and Samuel Kwame Adibu-Asiedu from sitting on the panel that will hear the petition for her removal.
The Chief Justice, currently suspended by President John Mahama under Article 146 of the Constitution, is facing allegations that could lead to her dismissal.
Speaking on the Big Mike Breakfast Show on Friday, May 23, Lawyer Mohammed explained that the Chief Justice’s move aligns with established legal principles that allow parties in a case to request the recusal of judges suspected of bias.
“If you are a plaintiff or defendant in court, you have the right to object to a judge sitting on your case if you think that the judge will be biased against you, but you must have evidence to support that,” he stated.
He also responded to public debate over the Chief Justice’s legal representation by former Attorney General Godfred Dame. Mohammed clarified that both Dame and Justice Torkornoo are currently acting in their private capacities, and as such, the arrangement does not violate any legal or ethical rules.
“LI 24, 2023 spells out what lawyers can do and cannot do. If you look at Dame’s representation of the Chief Justice strictly, it does not breach that rule because he is no longer the Attorney General and the Chief Justice is also suing in her private capacity,” he explained.
Justice Torkornoo has also filed an application to halt the committee’s proceedings until her petition is heard. Lawyer Mohammed noted that the success of that application will depend on the strength and credibility of the evidence presented by her legal team.
The Supreme Court is yet to rule on the petition to recuse the two justices as well as the application to stay proceedings.
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