In response to claims of prejudice in the Supreme Court's treatment of political disputes, Justice Gertrude Torkornoo, who has been nominated for the role of Chief Justice, has refuted the claims.
Justice Torkornoo stated in a Friday, May 26, appearance before the Appointments Committee of Parliament that a unanimous verdict by the highest court suggests that the decision is supported by law rather than prejudice.
"When the court rules unanimously, it means that the law unambiguously supports the court's view and that no member of the court may adopt a contrary opinion in accordance with their judicial oath. It discloses the true nature of the law.
As a result, the only proper answer is to comprehend and apply the legal principles, as supporting the law is not a question of bias.
Following a string of losses in the election petition hearings, several members of the National Democratic Congress have publicly criticised the Supreme Court, alleging bias. They assert that when the two parties are involved in a dispute, the court frequently rules in the New Patriotic Party's (NPP) favour.
A Supreme Court ruling in November 2021 allowing Justice Clement Honyenuga to proceed with the trial of Dr. Stephen Opuni and two other people for procurement violations in a fertiliser transaction was denounced by the opposing party as a miscarriage of justice.
In the hopes that the accused will ultimately be vindicated by the truth and the law, we and everyone else who seeks justice will continue to pray for the trial. We encourage them to fight bravely and tenaciously all the way to the very finish," the party added.
In a statement, the then-general secretary of the NDC, Asiedu Nketia, stated that there were aspects of the majority's verdict that "caused us great concern." "We are baffled as to why the Supreme Court will prevent a High Court Judge from hearing the Kennedy Agyapong contempt case on the basis of a real likelihood of bias just because the Judge used the expression "severely punished," the statement read. "However, the same Court did not see a real likelihood of bias against the accused persons from the clear prejudicial statements of the presiding judge in the Opuni case stated above," it added.
The Chief Justice candidate went on to say, however, that people could lose cases on technicalities and then look for justifications for their failures. She emphasised the significance of having a firm grasp of legal ideas before making decisions.
Justice Torkornoo also supported the Supreme Court's decision to hold anybody who disparages or damages the reputation of the high court in contempt. She emphasised that summoning people for contempt is a method for preserving the honour and standing of Ghana's courts.
"Courts have traditionally used summonses for contempt to guard against the reputation of the court being damaged. One of the 400 courts is the Supreme Court, which acts as the last arbiter. Every time the court acts, whether it's the High Court, Court of Appeal, or Supreme Court, its job is to preserve the fairness of the legal process, Justice Torkornoo said during her confirmation hearing.
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