I. Introduction
Fellow citizens of the Republic of Ghana, the OSAAGYEFO DR. KWAME NKRUMAH’S GHANA.
As a lawyer and a public servant to the Government of the Republic of Ghana, I address the most concerned citizens today on a matter of profound national importance: the suspension of the Honourable Chief Justice of the Republic, Her Ladyship Justice Gertrude Torkornoo. This action, while solemn and unprecedented, is guided solely by the imperatives of our Constitution, the dictates of due process, and the inviolable principle that no office or officer is above the law.
The people of Ghana must understand that this step is not taken lightly, nor does it seek to tarnish the integrity of the judiciary. Rather, it is a necessary constitutional safeguard designed to uphold public confidence in our judicial system and reaffirm the supremacy of the rule of law.
II. The Legal Framework Under the 1992 Constitution
A. Supremacy of the Constitution (Article 1)
The 1992 Constitution of Ghana, in Article 1(2), affirms that “any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.” This establishes the supremacy of the Constitution above all other authorities, including the Executive, Legislature, and Judiciary. Therefore, all actions, especially those involving high public office, must strictly conform to constitutional requirements.
B. Judicial Independence and Accountability (Article 127)
The independence of the judiciary is sacrosanct. Article 127(1) ensures that in exercising their judicial functions, judges are subject only to the Constitution and shall not be subject to any control or direction. However, Article 127 also recognises that such independence does not confer immunity from lawful scrutiny or due process. Judges, including the Chief Justice, are accountable under the law.
C. Disciplinary Procedures for Justices of the Superior Court (Article 146)
Article 146 outlines the procedure for removing Justices of the Superior Courts, including the Chief Justice. When a petition for the removal of a Justice is presented to the President, the Constitution mandates a specific process:
1. Prima Facie Determination: Upon receipt of a petition, the President refers it to the Chief Justice to determine whether a prima facie case exists. In the case of the Chief Justice herself, this responsibility falls to the next most senior Justice of the Supreme Court.
2. Investigative Committee: If a prima facie case is established, a committee consisting of two Justices of the Supreme Court, one lawyer of at least twelve years’ standing, and two non-lawyers of high moral character is constituted to investigate the matter.
D. Presidential Power to Suspend (Article 146(10)
During the pendency of these proceedings, Article 146(10) permits the President to suspend the Justice in question. This is a temporary administrative measure, not a disciplinary one. It ensures that the integrity of the investigative process is maintained, free from undue influence or conflict of interest.
E. Purpose of the Suspension
The suspension is not an assumption of guilt, nor is it punitive. It is a procedural act to allow the constitutionally prescribed investigation to take place without interference or perceived bias. It protects the dignity of both the office and the ongoing process.
III. Defence of the Government’s Position
A. Strict Compliance with Due Process
The Government has strictly adhered to every step laid down by the Constitution. The petition received has been processed as directed by law. The President has acted within his constitutional mandate, ensuring transparency and fidelity to legal procedures.
B. Preserving the Judiciary’s Credibility
The Judiciary is the bedrock of democracy. By allowing constitutional checks and balances to function, we preserve but do not diminish their integrity. This temporary suspension, taken within constitutional limits, assures the Ghanaian people that no person is above the rule of law.
C. Comparative Practices and Precedents
In other Commonwealth jurisdictions, such as South Africa, Canada, and India, judicial officers have been suspended during investigations as a standard procedure. Ghana’s constitutional safeguards are in line with these international practices.
IV. Anticipating and Addressing Public Concerns
A. On Political Interference
On a serious note, let the assurance be upheld to the public that this action, though it is in the political domain, must not have been any of a kind that finds its trait to be a politically motivatedone. If Ghana could have been seen as one of the sovereign states which takes care of itself in light of issues of corruption allegations, let us position our mind and focus as the watchdogs of the action as driven solely by constitutional dictates while we wait for the outcome of the constituted committee, its my wish that the Government has neither influenced nor interfered with the process. so that the institution responsible for the investigation is independent and empowered to act freely. How lovely it would have been to get a non-interfering outcome for the better continuity of the nation’s democracy principles, firmly established on the rule of law.
B. On Judicial Respect and Fairness
Her Ladyship Justice Torkornoo should remain a distinguished jurist as we have always known her to be by the dictates and confines of the law. This action should not prejudice her record or reputation in any way whatsoever. She should be presumed innocent unless proven otherwise by the constituted committee. The Government should respect her service and ensure that she is accorded all constitutional protections and protocols until she is no more or reinstated.
C. A CALL TO ACTION
In the interest of justice and to preserve the sanctity of Ghana’s democratic institutions, I respectfully call upon all stakeholders,media, civil society, and the general public, to refrain from politicizing or sensationalising the matter. Constructive discourse must be guided by evidence, not speculation.
V. Conclusion
This is a moment for calm, reflection, and constitutional fidelity. As members of the country Ghana, let us reaffirm the needed confidence in the Government’s unwavering commitment to the rule of law, judicial independence, and democratic accountability.
Let us be reminded that the strength of our democracy lies not in the absence of controversy but in our capacity to resolve it lawfully, respectfully, and transparently.
We owe it to the generations before us and those to come to defend the sanctity of our Constitution. May Ghana continue to be a beacon of democratic governance and judicial integrity.
God bless our homeland, Ghana.
Signed, Daniel Adjei (ab initio)
