The ‘Law isThe Law’ statement seems to be wrestling with and ‘entangling’ Justice Torkornoo in The journey of suspension fight, where a popular kindergarten rhyme is becoming an inspiration for her legal team?
Back in the days, even if your tongue was not that developed and naturally conditioned to sing the popular ‘If at first you don’t succeed, try try try again’ rhyme or song, at least your lips had the luxury of miming the song, or better still to awaken that tongue of yours to just produce a matching sound without necessarily saying the words therin.
If that kindergarten rhyme where to be human, it may be receiving praises today from the quarters of the embattled suspended Chief Justice of Ghana, Justice Gertrude Torkornoo and her legal team. Maybe, as their inspirer and advisor in silence, especially, when several ‘petition-carrying containers’ were sent out to town with probably self-inflicted leaks or leakages with the probable aim of fetching public sympathy.
That calculated stunt appears to have failed except to become a basis for being photogenic so much to be probably allergic to any sitting in-camera but rather open to what one is tempted to believe is a desperate hunt for the public sympathy that the alleged leaked containers carrying the petitions could not fetch in its failed mission.
Maybe a brief dip in history to recognise the power of that kindergarten and lower primary rhyme of ‘try try try again’ can be an eye opener to the citizenry. The back and forth injunction seeking trials at the Supreme Court has the tendency to infuriate, frustrate and delay a constitutionally mandated legal process that has so far not been proven to have been flouted within the confines and dictates of Article 146 of the 1992 constitution of Ghana.
In the beginning was a Chief Justice, who was part of those believed to have machinated and frustrated a sitting president until he was overthrown for a backward match of a country to make him a ceremonial president.
His son will hold on to day-dreaming at infancy to become president at all cost, and by inspiration from the same well known kindergarten rhyme. The rhyme put in action yielded fruit to cement what will somewhat be ordained as a try-try-try-again tradition for the road to the presidency piloted by the Great Alliance leader who contested a Flt Lt for the presidency in 1996 and lost, only to ascend to the presidency ultimately in 2000.
The day-dreaming child’s ambition came to pass with its economic and credibility consequences slapped on a nation’s cheek. The pain of that slap lingered for two consecutive four-year terms of ruling instead of governing.
With what is going on at the Apex Court of Ghana currently amidst the suspension of the Chief Justice, and how a select few of the Ghana Bar Association members will hurriedly and blatantly ignore the dictates of the Constitution of Ghana, appear to be calling on the sitting president to indirectly violate the Constitution he swore to defend is mind boggling. The many visits to the Supreme Court by some individuals and groups to seek injunction aimed at halting the smooth functioning of a constitutionally backed constituted committee by the president to investigate allegations in petitions officially brought to his attention by some bonafide citizens of Ghana is equally disturbing. These are petitions that have been duly subjected to Article 146 dictates of the 1992 constitution of Ghana and found by the Council of States to have merit as in Prima Facie determination.
One would have thought that a case involving the Chief Justice would be one that must be seen by all players as one that requires the holding of the constitution to the highest esteem and basing all arguments on the strict letter and spirit of the constitution. One that must not be subjected to some stunts and gimmicks parallel to what the constitution dictates and stands for.
Are public positions becoming some people’s birth right, to the extent lawyers and Statesmen will be seen and heard requesting and demanding hearings to be held on live national television? The question is, is that what the constitution states, or some of these lawyers and Justices are beginning to think the meaning of holding hearings in camera means live television broadcast since physical cameras are involved?
Is it the case of another Chief Justice having an appetite for one day becoming a ceremonial president to baptise a daughter into also day-dreaming to become a president and probably fulfilling the belief in reincarnation, except in this instance a political one that is fueling all these?
We probably must also begin to question the essence of releasing CCTV recordings of people in a restaurant alleged to be some Justices and lawyers without audio accompanying the footage to help make sound deductions.
Maybe we must begin to ask questions, are the characters in the CCTV footage ingredients of the meals prepared in that restaurant to be advertised in a footage publicly, and are the meals to be served to the public for which reason all must take the footage seriously?
Was it a calculated bait to make a case in support of why Justices and lawyers who cannot be cowed into singing the tune of the suspended Chief Justice be removed from the Pwawang committee constituted by the president to investigate the suspended Chief Justice’s alleged misbehavior?
Will the suspended Chief justice be subpoenaed in the event she fails to honor the invitation to appear before the Pwamang committee, should the committee come to believe her refusal to appear before them is orchestrated to frustrate their functions as a committee charged by the president constitutionally to investigate the allegation against her in the petitions?
And should she go against the subpoena, and maintain her stance not to appear before the committee, will she be tried in absentia and recommendations made to the president for action, especially with the allegations that are not criminal but found to be misbehavior or, and incompetence on her part?
All must play their roles appropriately without fear or favor within the confines of the mighty constitution of Ghana for all these lingering questions to be answered.
I rest my PEN.
Mustapha Alhassan
Pennsylvania, USA.
