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Suspension of Ghana’s Chief Justice Sparks Controversy

The recent suspension of Ghana’s chief justice, Gertrude Torkornoo, has ignited a fierce backlash from opposition lawmakers, who accuse President John Mahama of an attempt to manipulate the judiciary in favor of the ruling party, the National Democratic Congress (NDC).

Torkornoo’s removal on Wednesday marks a historic first in Ghana, as she becomes the nation’s first chief justice to be suspended. The decision follows the filing of three petitions containing allegations against her, although details of these petitions remain undisclosed, and Torkornoo has not yet made a public statement regarding the situation.

Supporters of Mahama argue that this action is a necessary step to cleanse the judiciary of issues that have plagued its integrity. Conversely, opposition members have labeled the suspension as “an egregious judicial coup,” decrying it as a reckless overstep of executive power that undermines the independence of Ghana’s courts.

The presidency, in a statement issued on Tuesday, stated that Torkornoo was asked to step down to allow for an impartial investigation into the allegations made against her. Following the announcement of her suspension, two additional petitions were reportedly lodged against her.

Former attorney general, Godfred Yeboah Dame, expressed his disapproval, labeling the suspension a “complete charade” and the most significant violation against the judiciary in Ghana’s history. He pointed out that prior to Torkornoo’s suspension, legal actions were initiated challenging the president’s approach to her suspension.

Legally, the president was required to provide the chief justice with copies of the petitions before her suspension. Although he initially failed to do so, he later complied. Opposition lawmakers claim that by suspending Torkornoo before the Supreme Court could rule on the pending lawsuits, Mahama breached judicial due process.

Despite the criticisms, some members of the public support the president’s decision. Dr. Tony Aidoo, a former ambassador, stated in an interview with Joy News that the president is safeguarding the integrity of the judiciary and that a leader must act when they perceive a problem, likening it to needing to let fresh air into a room filled with a foul odor.

Critics of Torkornoo’s leadership assert that during her tenure, the Supreme Court often sided with former President Nana Akufo-Addo’s administration in critical political cases. A notable ruling last year deemed the speaker’s declaration of four parliamentary seats as vacant unconstitutional, which further fueled suspicions regarding the judiciary’s independence.

Since its establishment, Ghana has seen 15 chief justices, all of whom concluded their tenures by retiring. Torkornoo, who became the nation’s third female chief justice after her nomination by Akufo-Addo in 2023, faces potential removal only under specific circumstances such as incompetence or misconduct.

Earlier in the year, a request to remove her was rejected by Akufo-Addo, who cited several deficiencies in the petition. Following her suspension, a five-member committee has been initiated to look into the allegations against Torkornoo, ensuring that the matter is addressed in a manner consistent with due process and justice.

Source
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