Certainly, last week the biggest news that was ignored by mainstream media was the the decision by the Chief Justice, Justice Gertrude Torkornoo to take her unfair targeting and potential removal to the court of public opinion.

Whereas some political some political analysts argued that she erred by going public, the unsual silence of  bodies like the National Peace Council, the Christian Council, National House of Chiefs, the Catholic Bishops Conference, Trade Union Congress, INGOs, NGOs, CSOs etc over her unfair removal processes left her with no option, than to go public. “I have decided to make this statement today because the violations have not stopped, they have escalated”, she stated.

Justice Torkornoo’s statement underscored four critical areas that President Mahama and his committee were violating. They are (1) a violation of the 1992 Constitution (2) breach of the rule of law (3) a breach of the rules of natural justice, and (4) the refusal of her persuers to abide by due in the hearing process.

In the statement she outlined some flaws in the hearing process which gave clear indication that her fundamental rights to fair hearing were being violated. Firstly, she stated that her lawyers were being left to guess which allegations in the petition are the subject of the testimonies.

This implies that Justice Torkornoo has not received formal charges or legal basis for her impending removal. Moreover, she stated that her lawyers have been denied representation, despite their proper appearance.

In fact, what the Chief Justice is subjected to defies simple logic. One of the key reasons for her trial is based on the flimsy reasons that she travelled abroad with her husband and daughter. This provision is part of her  conditions of service, unless it can proved otherwise.

Secondly, the Chief Justice is justifiably worried about the venue for hearing prior to her removal. She argues that the venue was clearly meant to intimidate her. The Adu Lodge, where the hearing is ongoing was the venue where operatives of the Provisional National Defence Council (PNDC) planned the kidnapping and murder of the three High Court Judges and a retired Army Officer, Major Sam Acquah. The retired Major was the uncle of Chief Justice Torkornoo, who is being dragged on broken bottles.

Could it be that the Chief Justice is being taken through this ordeal because she was appointed by the New Patriotic Party (NPP), which is the avowed enemy of the ruling National Democratic Congress (NDC). I think after 68 years of independence we need to elevate our governance beyond partisanship in favour of promoting national interest. In fact, President Mahama’s desire to unseat Justice Torkornoo through any means is the first since independence in 1957.

The Chief Justice further stated that she went public to draw the attention of Ghanaians to the serious violations of the Constitution in the removal process. “How can people defend themselves without a copy of the charges against them. The committee has refused to provide me with the petitions and the evidence forming the basis of the prima facie case”, she disclosed.  In my opinion, the skewed trial is not only against the normal legal process, but it is also against the rules of natural justice. Other commentators have described what is unfolding as a constitutional subversion, and an assault on judicial independence.

My ordinary understanding of the legal process is that in every case, the accuser must prove the case against the accused, and the accused has the right to have access to the list of accusations. Anything short of this constitutes a violation of the rules of natural justice against a woman whose crime serving her country. I stand to be corrected, I believe that the ongoing removal process is projected to produce one and only one outcome-to get rid of the Chief, rain or shine.  This action is reminiscent of the era of the Public Tribunals, when cases were prejudged before they were heard. Is that what we are returning to? God forbid.

Furthermore, Justice Torkornoo explained that she was fighting her unfair removal process not because she is seeking to cling to her title or position. According to her as a lawyer of 38 years and judge of 21 years, she decided to marshall every effort to respond to what she describes as “injustice.” She emphasized that every step of the removal process is being carried out in a manner that violates every rule of how justice is administered in Ghana.  She reminded the Committee and the person who constituted it that “the secrecy of the removing judges was not created in the Constitution to be used as cover up for any agenda.”

“Behind me stands every judge in the country, if this succeeds it will be used against everyone”, the Chief Justice warned about the legal ramification of the her unconstitutional removal. Many analysts, including yours truly believe that the hasty drive to remove the Chief Justice is an orchestration to cow the entire judicial system into submission. This will enable the government to consolidate power by controlling the three arms of government. With executive power due to the winner taking all constitutional arrangements, the government also has two-thirds majority in parliament, with which it can make and unmake any law, without anyone raising eyebrows.

Thus, the judiciary is the institution that would have kept both the executive and legislature in check and prevent excessive abuse of power. This is perhaps, the overarching reason driving President Mahama’s zeal to oust the Chief Justice. If President Mahama and his government succeed in implementing this agenda, the country will likely descend into a one-party state, where the ruling party wields executive power, has two-thirds in Parliament and possibly a judiciary that dances to its tunes.

Many legal and political analysts aver that the suspension of Chief Justice Gertrude Torkornoo is not a legitimate disciplinary action; rather, it is a calculated political maneuver to subjugate the judiciary under executive control.   When we look on and allow the judiciary to lose its independence, our beloved country will lose its glory as a shining star of Africa’s independence.

Perhaps, the Chief Justice is being taken through this ordeal to frustrate her to resign. Her resignation will make the task of President of Mahama and government very easy.  The Chief Justice has assured well-meaning Ghanaians that she will not resign. I support her stance to go through the entire tortous process to absolve herself from the false accusations of her detractors. If she is unfairly removed, the case would be well documented for historical reference. The outcome of this case will  teach posterity useful or useless lessons about the discretionary or non-discretionary use of political power.

From the onset of this case, I have held that the path President Mahama and his advisors have chosen is a dangerous one, which could haunt this country in future. As indicated earlier, the removal of the Chief Justice under the current bizarre circumstances will amount to an unconstitutional action. For a reminder, on January 7, 2025, President swore an oath to protect and defend the 1992 Constitution and to be fair to all manner of people.

For these reasons, whoever is appointed the next Chief Justice would be deemed illegitimate, if there are no substantial and justifiable reasons for removing Justice Torkornoo from office. In my previous article on this issue, I cautioned our political office holders not to plunge Ghana into a vicious cycle of political retribution anytime government changes. It appears that is what is unfolding.

In fact, there are more pressing issues, such as illegal mining and the wanton destruction of our forests and rivers, which require more presidential attention than heckling the Chief Justice.  During the 2024 elections, President Mahama reaped massive electoral gains by exposing the failure of the previous government to stop illegal mining.  Six months into his first year, illegal mining has become the single biggest threat to the stability of this country. Ghana risks becoming a failed state unless President Mahama and his government demonstrate equal political muzzle to stop galamsey.

Furthermore, since January 2025, the country has been engulfed in unending fatal and economically destructive road accidents across the country. These needles accidents should attract policy attention, and not the needless battle to unseat a legitimate Chief Justice.

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