Justice William Atuguba, a retired justice of the Supreme Court, has said that the phrase “stated misbehavior” originates in the Constitution of 1992.
The phrase just means what it implies in standard English, he said.
“Stated misbehaviour, although it is not defined, is in the Constitution. It’s not the first time Article 146 has been affected by Loretta Lamptey of CHRAJ and Charlotte Osei,” he stated in a September 8 interview with 3news.
He made these remarks in response to attorneys for the former Chief Justice, Gertrude Torkornoo, claiming that the Constitution does not define “stated misbehavior.”
A committee led by Justice Scott Pwamang recommended that Mrs. Gertrude Torkornoo be dismissed from her position.
Among other things, they mentioned that she had paid her husband and daughter a per diem allowance.
“Stated misbehaviour really doesn’t depend on what I conceive it to be, but on what we as a society are looking at, you know, charges, allegations, you know, leveled against her. I mean, what would the ordinary man say, looking at those charges? Misbehaviour, I mean, is not different from misconduct. Misbehaviour, that means unacceptable behaviour, incorrect behaviour, conduct that would not meet the approbation of ordinary, fair-minded people,” Justice Atuguba (Rtd) clarified.
When asked if Mrs. Torkornoo’s attorneys would be successful in their attempt to contest her dismissal, he asked, “Is it because of a chief justice? If somebody misappropriates or misapplies public funds, I mean, it’s even an offence, misapplication of public funds, causing financial loss. If people are prosecuted and jailed for such things, are we saying that is proper conduct? If public officers misapply public funds and they are prosecuted, are we saying that it is improper? It’s even criminalized.“
“Are you saying that simply because somebody is a chief justice, you are entitled to misapply public funds and go free? Who is to set the best example? See, our constitution is based on transparency, accountability, and probity. And who is to enforce these policies? The courts. The topmost judge will not adhere to those principles?” Justice Atuguba stressed.
The retired judge observed that Gertrude Torkornoo was removed in accordance with due procedure.
He claimed that President John Mahama and the Council of State had met with the requirements of Article 146 of the 1992 Constitution.
”Oh yes, that was the procedure followed… culminating in her removal, which was followed, yes,” he said.
Source: newsthemegh.com