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Controversy Surrounds Attempts to Remove Chief Justice: Legal Challenges and Political Reactions

Published 3 days ago3 minute read
Controversy Surrounds Attempts to Remove Chief Justice: Legal Challenges and Political Reactions

Accra, Ghana – The political landscape in Ghana is witnessing a tumultuous period as President John Dramani Mahama faces mounting scrutiny over his handling of petitions seeking the removal of Chief Justice Gertrude Sackey Torkornoo. The situation has ignited debates about constitutional procedure, judicial independence, and the role of women in leadership.

Minister for Government Communications, Felix Ofosu Kwakye, has emphasized that President Mahama's role in the matter is strictly procedural. According to Kwakye, the President is merely a 'conveyor belt,' tasked with forwarding the petitions to the Council of State and acting based on their advice. This clarification comes amid rising public and political interest in the petitions, the details of which remain undisclosed to protect the integrity of the process.

Adding a layer of complexity to the issue, Vincent Ekow Assafuah, the Member of Parliament for Old Tafo, has filed a case at the Supreme Court challenging the legality of President Mahama's decision to forward the petitions to the Council of State without first notifying Chief Justice Torkornoo and obtaining her comments. Assafuah's legal challenge, spearheaded by his lawyer and immediate past Attorney-General Godfred Yeboah Dame, asserts that the President's actions violate several constitutional provisions, including Articles 146(1), (2), (4), (6), and (7), 23, 57(3), and 296. The suit further argues that the President's actions undermine the independence of the judiciary and the Chief Justice’s right to a fair hearing.

The People’s National Party (PNP), led by Janet Asana Nabla, has also voiced strong criticism of President Mahama's actions. The PNP has condemned the move as unprecedented and a betrayal of the President's promises to empower women. Nabla argues that President Mahama's focus on removing the Chief Justice and the Electoral Commission chairperson contradicts his pledges to implement the Affirmative Action Law and improve the lives of Ghanaians. The PNP has raised concerns that these actions may be part of a broader strategy to manipulate the political system, vowing to push for constitutional reforms to reduce presidential powers and promote transparent governance.

Adding a contrasting perspective, Ghanaian reggae artiste Blakk Rasta has publicly questioned Chief Justice Torkornoo's performance, alleging a lack of patriotism and excessive partisanship. Blakk Rasta, who initially applauded Torkornoo's appointment, now expresses disappointment, claiming that she has failed to live up to expectations and has shown 'no respect for patriotism'.

As the legal and political battles intensify, the government has remained tight-lipped about the specifics of the petitions and the timeline for the Council of State's review. Minister Ofosu Kwakye has stressed that the timing is at the Council's discretion and that the President will act based on their advice. The unfolding events have sparked a heated debate about the balance of power, the rule of law, and the protection of judicial independence in Ghana.

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