The Minority Caucus in Parliament has condemned what they describe as a ‘spurious’ plot by the Executive to remove Chief Justice Gertrude Torkornoo.
According to the Caucus, it is aware of a petition submitted to the Council of State seeking the removal of the Chief Justice, which is very worrying.
At a press conference addressed by the Member of Parliament for Suame and Legal Counsel for the Minority, John Darko, the caucus alleged that the petition is designed to malign the head of the judiciary, orchestrate her removal, thereby silencing the judiciary, and to finally exert control.
Hon Darko referred to the 1982 murders of three judges under the PNDC regime, stating, “June 30th in mind.”
He drew chilling parallels between current events and past attacks on judicial independence, invoking historical incidents such as the Re-Akoto case of 1961, the Otchere case of 1963, and the infamous murder of Justices Poku Sarkodie, Cecilia Koranteng-Addo, and Kwadwo Agyei Agyepong in 1982.
“Have we thought of what is happening now? The NDC, an offshoot of the PNDC, seems to believe that Ghanaians have voted for them to control the Ghanaian society, including our legal system,” he said.
The Suame legislator described the allegations against Justice Torkornoo as baseless and argued that none meets the constitutional threshold for removal under Article 146 of the 1992 Constitution, which requires ‘stated misbehaviour, incompetence or infirmity of body or mind.
The allegations against the Chief Justice, he said, include claims she advised President Nana Akufo-Addo on judicial promotions, presided over an ex parte case involving the Speaker of Parliament, a contempt case involving a citizen, and an allegation of financial misappropriation of approximately GH¢ 75,000.
“How can any serious country, mindful of its past, entertain such loose petitions?” he asked.
Hon Darko cautioned judges who might consider enabling what he termed an unconstitutional suspension or replacement of the Chief Justice stating, “To the Judge or judges who may entertain the idea that Justice Torkornoo must be destroyed before you can rise, remember that you can rise together but if you destroy someone to rise, posterity will not be kind to you.”
The Minority appealed to civil society, religious and traditional leaders, and the international community to resist what they claimed were threats to Ghana’s democratic institutions.
Darko warned, “This is the time our country needs you the most. The destruction of the Judiciary will be the end of this country’s democratic experiment.”
He charged the Ghanaian public to take a stand, quoting Article 125(1) of the Constitution:
“Justice emanates from the people and shall be administered in the name of the Republic… You are the one who must therefore rise up and say enough!”
