One of the highest respectable positions in any democracy alive is the position of the Chief Justice. To some, it is the heart of the Judiciary and the citizenry expect, and will always expect some high level of sense of judgement, impartiality, fairness and firmness from the occupier of that position in any true and serious democracy.
Not only the occupant of such a position must have a high sense of judgement, the person must equally be endowed with legal and natural wisdom.
Ghanaian Chief Justices until recently in history have been Stars in the sight of many democracies worldwide. Former Chief Justice Fred Kwasi Apaloo who was Chief Justice of Ghana from 1977 to 1986, also served as Chief Justice of Kenya in 1993. This speaks to how revered Chief Justices of Ghana are icons of Law in Africa if not all over the world.
Recent judgments from the Supreme Court have been met with criticisms, name calling, and dissatisfaction, not because of the reasoning of the Court that many did not agree with, as will mostly be the case. But under the Chief Justice who succeeded Her Ladyship Sophia Akuffo, Justice Anin Yeboah and subsequently under the current Chief Justice of Ghana, Her Ladyship Justice Gertrude Araba Esaaba Sackey, the citizenry were mostly right in predicting what the outcome of cases will be like and where Judges position will be. This has unfortunately led to the name ‘Unanimous FC’ used to describe the Court.
This is especially from the NDC supporters who felt judgements being delivered were consciously against them. There have been instances where the current Chief Justice was seen in Court appearing to be vehemently arguing with lawyers on the NDC side on cases that have to do with the ruling party’s position against the party in opposition. Supporters in their own judgement found it to be unhealthy.
These perceptions began during and after the 2020 election petition where the NDC Candidate Mahama challenged the presidential result in which the electoral commissioner Madan Jean Adukwei Mensah was not allowed to be cross examined by the petitioner’s Lawyer, Tsatsu Tsikata. A ‘Black Book’ from England was referenced to and will become the basis of the verdict.
Prior to the 2024, general elections, another spectacle never seen before surfaced when the Chief Justice and the Speaker of Parliament were seen by many to be in what was described as power play. This event led to the Speaker of Parliament organizing a press conference at a point to put the records straight. He even sang a song jokingly in the process that many found it to be a subtle message probably to the Chief Justice, Her Ladyship GertrudeTorkornoo. Some of us however, felt the Speaker, Right Honorable Alban Sumana Bagbin was by that song expressing how he may have missed his secondary school days.
The Executive, then headed by President Nana Akuffo Addo was drawn into it by some social commentators with the belief by some that his office was interfering and stifling separation of powers. Some even alleged that her Ladyship was under pressure from the Executive to take a stance that was contrary to her own belief knowing who she is in private life and even her principles years back that she is known for.
Her Ladyship Sophia Akuffo Addo, former Chief Justice, on May 29 2024, was reported by Ghana web to have expressed concern over some conduct of the Judiciary in handling some cases. She had this to say “Current Judiciary has become too predictable”
She was recently after her appointment to the Council of State, surrounded by all top media houses in Ghana for a brief interview. She was asked about the petition to remove the current Chief Justice, Gertrude Torkornoo. The former Chief Justice was straight to the point as always, stating that she read it in the newspapers like anyone else. She is not going to pre-judge as it is not before the Council of State and she has not seen the response of the Chief Justice. She added that she is not her boss to comment on it. She quickly added that “she is a judge performing her Judicial function and Chief Justice performing her administrative functions”. She summed it up saying she has always been on the side of the call to look again into improving on how Justices are selected, and it must be based on merit.
The Ghana Law Hub on December 20, 2019 had reported the belief that Her Ladyship former Chief Justice though difficult to tell what her philosophy is being a Judge, but if her decisions were to go by, then her philosophy could be summed as “enabling justice without falling for technicalities and unnecessary legal complications.”
Ghana practices a system of Governance that fused to some extent the American Executive, Legislative and Judicial system with the British Parliamentary system to be the strong democracy it is today since 1992 when the 4thRepublic was ushered in. I believe Her Ladyship Sophia Akuffo in her capacity as the longest serving Supreme Court Judge, nominated at the earlier and fragile state of the 4th Republic and the 1992 Constitution, cannot be left out when those who nurtured and protected the 4th Republic and Ghana’s democracy, especially the Judiciary, are being counted.
History teaches us that United States’ President Washington in signing the Judiciary Act into law on September 24, 1789, he the same day submitted nominees to the Supreme Court of the United States to the Senate which created the third branch of America’s Federal governance known as the Executive, Legislature and Judicial.
President Washington history further teaches us again that, he communicated his desires for the Court when he wrote to the Justices in a group in 1790, stating that,
“I have always been persuaded that the stability and success of the National Government, and consequently the happiness of the people of the United States, would depend in a considerable degree on the interpretations and execution of its laws.”
In determining qualifications for Supreme Court nominees, President Washington noted that “in appointing persons to office, and more especially in the judicial department, my views have been much guided by those characters who have been conspicuous in their country.” President Washington is further penned in history to have also felt that, “In performing this part of my duty, I think it necessary to select a person who is not only professionally qualified to discharge that important trust, but one who is known to the public and whose conduct meets their approbation.”
Former President Rawlings may have seen from afar the brilliance in her Ladyship Sophia Akuffo and believed in her legal and natural wisdom knowing she will die for her nation in honesty at any time. Rawlings wanted the best for Ghana, and had one in her Ladyship because she was known to the public with conducts that meet the public’s approbation. She was equally qualified to professionally discharge that important trust.
Former President Kuffuor knew she was not only good for Ghana but Africa and the world as well, and had to nominate her to the Africa Court of Human and Peoples’ Right in 2006. In 2006, she became one of the first judges for the African Court on Human and Peoples’ Rights to serve a 2-year term. Her outstanding leadership earned her re-election to serve for a 6 year wherein 4 years she was the Vice President and the remaining 2 years, the President. She left the Court in 2014. She also served as a member of the Commonwealth Committee of Judicial Education Institute.
The former president Nana Akuffo Addo whose father, His Lordship Edward Akuffo Addo once served as a Chief Justices of Ghana, nominated Justice Sophia Akuffo as Chief Justice of Ghana in 2017. She was confirmed by Parliament to succeed the first female Chief Justice of Ghana, Her Ladyship Georgina Theodora Wood who is the first female and longest-serving Chief Justice appointed by former President Agyeikum Kuffuor.
President Mahama has once again appointed her as a Council of State member to counsel him.
Ghana Law Hub, on December 20, 2019 when she officially retired, and coincidentally her Birthday, had reported how on her swearing in as a Supreme Court Justice, she thanked the Late former President Rawlings for nominating her to the Supreme Court. She is reported to have said her appointment came when she had not thought of being a Judge. “He must have seen in me something I was yet to see”, she said of former President Rawlings, Ghana Law Hub quoted her in the publication, ‘Farewell to Chief Justice Sophia Akuffo’, by Samuel Alesu-Dordzi. She was reported to have equally thanked former President Kuffuor for nominating her to the then newly formed Africa Court of Human and Peoples’ Right and thanked President Mahama for the support he ensured the African Court received from the African Union.
Clearly, she is principled and maintains her neutrality no matter who was in the Executive Chair as President. Not to dwell too much on her CV which is stellar and a common knowledge to Ghanaians and the world, as it enviously rests on a solid foundation of law and built with excellence in law, both in academia and in practice. Right from Bachelors from University of Ghana, through Ghana School of Law to a Barrister at Law and Master’s degree in Law (LLM) from Harvard University. She became the longest-serving Supreme Court Judge in Ghana after her appointment to the Apex Court in 1995 by the Late President Rawlings at the earlier stages of the Fourth Republic.
If a critical analysis is to be made about her Chief Justice reign compared to what Ghana experienced under her successor and currently, one cannot be wrong to conclude she was miles ahead in every aspect of her role as Chief Justice of Ghana in my opinion.
In the case of ‘Abu Ramadan and Nimako v The Electoral Commission’where the contempt issue of ‘Muntie 3’, became a national discussion, President Mahama had to step in to pardon the three media commentators who were jailed for contempt of Court following what the Supreme Court Justices will find offensive and attack on them and the Court. Some harsh and unpleasant words were directed at the then Supreme Court Justices, which included her Ladyship Sophia Akuffo. In fact she issued one of the strongest reasoning for the contempt of the Court but did not use that as a means to be vindictive or speak ill about the NDC party or put the Communicators of NDC in one basket.
Referencing how the Court thought lessons would have been learnt from the earlier contempt cases of the late ‘Sir John’ the then NPP party General Secretary and others during the heat of the Election petition of 2013, when former president Nana Akuffo Addo then candidate Akuffo Addo and others were the petitioners, with Justice Atuguba being the presiding Judge. She will explain the stance of the Supreme Court boldly, as,
“[W]e realise that reckless attacks on judges of this court in particular and the Judiciary in general have become rampant in recent times and appear to be escalating in outrageousness and temerity. We need to make it universally unattractive for any person to indulge in such conduct. Despite the fact that four persons were punished for contempt of this Court during the Presidential Election Petition hearings in 2013, we have noticed a resurgence of contumacious statements about the court that have the tendency to bring the administration of justice into disrepute. We need to remind people who decide to criticize the Judiciary that within the right to publish and transmit, within the freedom of expression, there is a line that ought not to be crossed.”
Nonetheless, Justice Sophia Akuffo stayed unshaken, and discharged her duties exemplary for God and country. I will not rule out the believe that some of her tactful directions and advice on cases brought to the Courts, especially the Supreme Court of Ghana when she was a Supreme Court Justice, in a way, also contributed to the success story of President Mahama that was not properly marketed by the NDC leading to their loss in 2016.
She in her retirement had to join protesters to picket in front of the Ministry of Finance against the ‘hair cuts’ slapped on their pension by the then Finance Minister, Ken Ofori Atta occasioned by the debt restructuring under the International Monetary Fund (IMF) conditions. A gesture many applauded her for.
President Mahama, a visionary leader he is, I believe in addition to the Constitutional provision Chapter 9, Article 89, below.
” 1- There shall be a Council of State to counsel the President in the performance of his functions.
2- The Council of State shall consist of-
a- the following persons appointed by the President in consultation with Parliament-
i- one person who has previously held the office of Chief Justice;”
President Mahama has seen a true daughter of Ghana who means well for her country. She has several years worn the Judicial wig to contribute her quota to defending and protecting the nation with the law and honor her country with relentless service as a citizen. She is a bank full of wisdom, legal and natural wisdom that the Council of State, the President and Ghana is blessed to have, in this moment and they must tap into her gift always in the interest of the nation.
She is a very distinguished open-minded patriotic, God and country first principled daughter of Ghana. I salute her and her wisdom.
I rest my PEN.
Mustapha Alhassan
Pennsylvania, USA.
