The recent public comments by Ghana’s suspended Chief Justice, Gertrude Torkornoo, claiming political persecution have ignited a fierce national conversation on judicial independence, public perception, and the separation of powers in a fragile democratic context.
As the constitutional panel continues its inquiry—now partially held in-camera—Ghanaians are left navigating the tension between the legitimacy of a high-ranking official defending her name and the broader implications such a feud has on the credibility of the judiciary itself.
Balancing Personal Defence with Institutional Integrity
The Chief Justice, in speaking out, may have been seeking to protect her personal legacy and expose flaws in the process that led to her suspension. However, the position she holds demands more than personal exoneration—it demands the preservation of public trust in the judiciary. A Chief Justice’s greatest contribution, beyond rulings and reform, is safeguarding the moral and institutional authority of the bench. Prolonged public confrontation risks undoing that authority and deepening public cynicism about impartial justice in Ghana.
The In-Camera Proceedings: Shield or Strategy?
The panel’s decision to conduct portions of the inquiry privately has drawn criticism, but there is merit in shielding certain sensitive deliberations from the public eye—particularly if the allegations under review include administrative practices or discretionary actions taken by the Chief Justice that, while not illegal, may raise ethical or procedural concerns. These issues, if made public prematurely, could erode faith in the institution regardless of their validity. Discretion in such proceedings does not equate to cover-up—it may well be the most responsible course to uphold judicial sanctity.
Substance vs. Perception: The Real Test
While some allegations—such as her travel with family members or claims around per diem entitlements—appear either procedural or exaggerated, the Supreme Court’s own recent refusal to support her legal application indicates that there may be legitimate grounds for review. This does not necessarily suggest guilt but rather affirms the importance of allowing due process to unfold without further public interference.
More critically, Chief Justice Torkornoo’s tenure has often been viewed as aligned with the ruling New Patriotic Party (NPP), leading sections of the public and opposition to question her impartiality. Whether or not this perception is accurate, it has created a credibility gap. Her public defense, in this light, is unlikely to shift public opinion and may instead reinforce entrenched partisan divides.
The Way Forward: Duty Beyond Self
At this pivotal moment, the Chief Justice must ask not what is owed to her, but what is owed to the office she occupies. If the panel proceeds and finds no cause for removal, she will have been vindicated through the appropriate institutional mechanisms. If it finds otherwise, then—however painful—an orderly transition may serve both justice and posterity.
Crucially, until the process is complete, no further public statements should be made. Silence, in this case, is not weakness—it is strength. It reflects a commitment to process over personality and ensures that the judiciary is not further dragged into the volatile court of public opinion.
Implications for the Office of Chief Justice
This may be a watershed moment for the role of Chief Justice in Ghana. If political cycles increasingly determine judicial tenure, then future holders of the office may be seen less as custodians of justice and more as political extensions of the party in power. To avoid such a fate, the next appointee—whether temporary or permanent—must be demonstrably independent, non-partisan, and committed to institutional neutrality. If not, Ghana risks the erosion of one of its last-standing pillars of democratic accountability.
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Conclusion
The legitimacy of Ghana’s judiciary depends not on the infallibility of its officers, but on the integrity of its processes. While Chief Justice Torkornoo may feel justifiably aggrieved, her highest obligation now is to the institution she swore to protect. By respecting the process, withholding further public comment, and allowing the panel to complete its work, she will not only protect her own legacy—but that of the judiciary itself.
The nation watches not just the woman—but the office—and history will judge the balance she strikes between justice for self and justice for state.
By Amanda Clinton
MSc in African Politics | Head of Chambers, Clinton Consultancy
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DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
