A Constitutional Theorist and Associate Professor of Law at Ashesi University has stated that President John Mahama was within his legal right to act promptly on the recommendations of a five-member committee that investigated a petition brought forward by Ghanaian citizen Daniel Ofori.
Speaking on JoyNews’ Newsfile on Saturday, September 6, Dr Maame A.S. Mensa-Bonsu said the President had no discretion but to act on the committee’s binding recommendations.
“If I send a petition, I shouldn’t have to wait until somebody else’s petition is concluded before I know the outcome of mine. The President was bound by the recommendations of that particular petition. He couldn’t choose to disregard them or issue a white paper instead. Whether he waited or not, the decision would have been the same,” she explained.
President John Mahama on September 1, 2025, removed the Chief Justice Gertrude Torkornoo from office with immediate effect on grounds of stated misbehaviour following recommendations from a constitutional committee set up under Article 146 of the 1992 Constitution.
The decision comes barely hours after the President received the report of a committee constituted under Article 146(6) to inquire into a petition filed by Ghanaian citizen Daniel Ofori. That was only one out of the three petitions.
Dr Mensa-Bonsu noted that the committee’s refusal to grant an extension or consolidate petitions did not, in itself, amount to any legal or technical error.
However, she stated that the refusal to grant a short extension was not prudent given the weight of the matter and its national implications.
“We’ve been six months down this road. I think one more week would not have hurt. Denying that request created unnecessary doubts around the committee’s work, which could have been avoided,” she argued.
On concerns that other pending petitions remained unresolved, Dr Mensa-Bonsu pointed out that constitutional provisions require secrecy, which means their existence should not have affected the respondent’s reputation. The challenge, she said, arose from leaks that undermined confidentiality.
She also raised questions about the efficient use of public funds.
“The committee sat on public funds. They heard one petition, brought it to its conclusion, and submitted a report to the President. Since the recommendation legally bound him, I am not sure continuing the hearings was justified. While finishing all petitions might have provided a historical record, I doubt that would justify the additional cost to the public purse,” she added.
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Source: myjoyonline.com
