Legal practitioner Martin Kpebu says even though former Chief Justice Gertrude Torkonoo lost her position, she should not lose her retirement benefits.
Speaking on Joy FM’s Super Morning Show during a discussion on her legal challenge to the removal, specifically as a Supreme Court Justice, Mr Kpebu explained that some of the issues raised against her had also occurred under her predecessors.
“So it’s because we know that her predecessors had been doing the same thing, that’s why I kept saying no, then let her resign. She’s not the first, so she will get her benefits. That’s the main reason I said something could be negotiated,” he said.
He added that previous audit reports had flagged similar inappropriate payments and even asked earlier Chief Justices to refund money.
“For me losing the office was sufficient punishment. But to lose her benefits too was like an overkill. Even today, if you ask me, would you support a call for her to be given her benefits? I still say yes,” he said.
On whether the continued legal fight is only about recovering benefits, he said he could not be sure but admitted it could be a factor.
Mr Kpebu also dismissed claims that the former CJ’s actions did not amount to wrongdoing because there was no bad intention. According to him, the law does not always require a guilty mind, as reckless or negligent conduct also counts.
“It’s not all the time that the law requires a guilty mind. Once it’s willful and that can also mean reckless the law can hold you responsible,” he explained.
He maintained that fairness should apply in the outcome.
“It really wrenches my heart because we all know this thing has been there for years. Others probably abused it more than her, but they got off. I still think we could do something for her,” he said.
Read also: Torkornoo challenges her removal as Justice of the Supreme Court