Torkornoon’s removal: ‘Stated Misbehaviour’ Has Roots in 1992 Constitution – Atuguba

Retired Supreme Court judge, Justice William Atuguba, has said that the expression “stated misbehaviour” has its roots in the 1992 Constitution.

He clarified that it should be understood in its ordinary English meaning.

Speaking in an interview with 3News on September 8, Justice Atuguba emphasized that the concept of stated misbehaviour under the 1992 Constitution is not ambiguous, noting that it has been invoked in the past against public officials. “Stated misbehavior, although it is not defined, is in the Constitution. It’s not the first time Article 146 has been effected… Loretta Lamptey of CHRAJ and Charlotte Osei,” he recalled.

His clarification came in response to claims by lawyers of former Chief Justice Gertrude Torkornoo, who argued that the term “stated misbehaviour” was undefined in the Constitution and therefore could not justify her removal. Mrs Torkornoo was dismissed after a committee chaired by Justice Scott Pwamang found grounds against her, including the payment of per diem allowances to her husband and daughter.

Explaining further, Justice Atuguba said: “… stated misbehavior really doesn’t depend on what I conceive it to be, but what we as a society \[see] looking at charges and allegations leveled against her. Misbehavior is not different from misconduct. It means unacceptable behavior, incorrect behavior, conduct that would not meet the approbation of ordinary, fair-minded people.”

Asked whether Mrs Torkornoo’s lawyers could succeed in challenging her removal, the retired judge dismissed the suggestion, arguing that accountability applies to all public officers regardless of position. “Are you saying that simply because somebody is a chief justice, you are entitled to misapply public funds and go free? Our Constitution is based on transparency, accountability, probity. And who are to enforce these policies? The courts. The topmost judge will not adhere to those principles?” he queried.

Justice Atuguba further stressed that due process was followed in the removal of Gertrude Torkornoo, affirming that President John Mahama and the Council of State complied fully with Article 146 of the 1992 Constitution. “Oh yes, that was the procedure followed… culminating in her removal, that was followed, yes,” he said.