The Minority Leader, Alexander Afenyo-Markin, has called on the judiciary to stand united in the face of attempts to remove Chief Justice Gertrude Torkornoo from office. Speaking at a press conference after a National Executive Committee meeting of the New Patriotic Party (NPP) on April 16, Afenyo-Markin emphasized the importance of an impartial judiciary in dispensing justice.
Background of the Petitions
Three petitions have been submitted to President John Dramani Mahama, urging him to remove Chief Justice Gertrude Torkornoo from office. Although the specific grounds for the petitions are not yet public, Afenyo-Markin described them as "flimsy pedestrian excuses" that do not warrant the removal of the Chief Justice. In accordance with Article 146 of the 1992 Constitution, President Mahama has referred the petitions to the Council of State for advice.
Call for Unity and Support
Afenyo-Markin advised the judiciary to stand together and condemn any attempts to undermine its independence. "The judiciary should not be seen as part of the party-political system in our country. All we need is an impartial judiciary to dispense justice," he said. He also urged the Ghana Bar Association (GBA) and Civil Society Organisations to support the judiciary in this matter.
Concerns about Politicization of the Judiciary
Dr. Kojo Pumpuni Asante, Director of Policy Engagement and Partnerships at the Ghana Center for Democratic Development (CDD-Ghana), has expressed concerns about the increasing politicization of the judiciary. He noted that since 2013, cases before the Supreme Court have become increasingly politicized, especially due to election petitions. According to him, this stems from Parliament's failure to resolve political disputes internally, pushing them onto the Judiciary.
Way Forward
Dr. Asante suggested that legislative reform is necessary to address the issue of unchecked administrative powers and the lack of limits on Supreme Court appointments. He believes that even if the current petition to remove the Chief Justice is successful, it won't fix the perception of bias. Instead, the focus should be on reforming the system to ensure the judiciary's independence and impartiality.
Supreme Court Hearing
The Supreme Court has set May 6 to hear the injunction applications against the petition to remove Chief Justice Gertrude Sackey Torkornoo from office. The hearing will be presided over by a panel of four judges, chaired by Justice Osei Bonsu. Former Attorney General Godfred Yeboah Dame, representing one of the plaintiffs, has argued that the president should hold off on the consultation process with the Council of State until the injunction application is resolved. However, Attorney General Dr. Dominic Ayine has countered that no law prohibits the President from carrying out his constitutional mandate.
Conclusion
The attempt to remove Chief Justice Gertrude Torkornoo has sparked a heated debate about the independence and impartiality of the judiciary. Afenyo-Markin's call for unity and support from the judiciary, GBA, and Civil Society Organisations highlights the need for collective action to protect the judiciary's integrity. As the Supreme Court prepares to hear the injunction applications, the outcome will likely have significant implications for the country's democratic processes.
blogpay
Total Comments: 0