…..Years after celebrating CHRAJ and EC Bosses’ dismissals
The New Patriotic Party (NPP), which often presents itself, as the custodian of Ghana’s judiciary and “apostles of the rule of law”, is set to demonstrate today against the suspension of Chief Justice Gertrude Araba Asaaba Sackey Torkornoo by President John Dramani Mahama.
This comes, despite several constitutional lawyers, asserting that President Mahama, has acted in accordance with the provisions of the 1992 Constitution, having followed due process upon receiving three petitions against the Chief Justice.
Ironically, the same NPP, through then-Minority Chief Whip and MP for Nsawam-Adoagyiri, Frank Annoh Dompreh, successfully pressured President Mahama, to remove Lauretta Vivian Lamptey from office as Commissioner for Human Rights and Administrative Justice (CHRAJ).
In a separate instance, the NPP, through Maxwell Opoku-Agyemang, who chaired the party’s Legal and Governance subcommittee for the 2024 parliamentary and presidential elections, petitioned President Nana Akufo-Addo, leading to the removal of Electoral Commission Chairperson Charlotte Osei and her two deputies, Amadu Sulley and Georgina Opoku Amankwaa, in 2018, citing rule of law.
In both cases, the petitions were submitted to the sitting presidents, just as in the current matter involving Chief Justice Torkornoo.
However, the NPP, now appears aggrieved that three similar petitions have triggered a process leading to her suspension.
Dr John Osae-Kwapong and Professor Stephen Kwaku Asare, both research fellows at the Ghana Centre for Democratic Development (CDD-Ghana), have commented on the controversy, stating that the developments are in accordance with constitutional provisions.
Professor Kwadwo Appiagyei-Atua of the University of Ghana School of Law, also affirmed that President Mahama acted within the bounds of the Constitution.
Governance expert, Professor Baffour Agyeman-Duah agreed, asserting that the President did not err in initiating the process.
Despite this legal consensus, NPP MP for Suame, John Darko, a vocal supporter of the Chief Justice, insists that today’s protest is not in defence of Justice Torkornoo as an individual, but rather a stance against what the party considers a dangerous encroachment on judicial independence.
Speaking on Channel One TV’s political talk show Big Issue on Saturday, May 3, Darko, stated emphatically that the demonstration aims to protect the sanctity of the judiciary, not any particular person.
Darko, along with his parliamentary leader, Alexander Kwamina Afenyo-Markin, MP for Effutu, and Vincent Ekow Assafuah, MP for Old Tafo in the Ashanti Region, has been instrumental in the NPP’s campaign to pressure President Mahama into halting the disciplinary process, which is currently being overseen by a committee chaired by Justice Gabriel Pwamang.
The petitions were initially filed by the Shining Stars of Ghana, represented by Chairman and Convenor Kingsley Agyei, lawyer Ayamga Yakubu Akolgo, and businessman Daniel Ofori. Reports indicate that two additional petitions, have also been submitted and referred to the Chief Justice for a response.
“For me, what the NPP is doing on Monday, 5 May, is a protest against the destruction of the independence of the judiciary. It is not in defence of Torkornoo,” said the Suame MP.
His remarks come ahead of the NPP’s planned joint demonstration with four other political parties, all of which have denounced the Chief Justice’s suspension as unconstitutional and a threat to the balance of powers in Ghana’s democratic system.
President Mahama, suspended Justice Torkornoo on Tuesday, April 22, after a prima facie case was established based on three separate petitions calling for her removal. The action was taken in accordance with Article 146(6) of the 1992 Constitution, following consultations with the Council of State.
The decision has drawn criticism from opposition parties and some civil society organisations, who argue that it undermines judicial independence and sets a worrying precedent. The Ghana Bar Association (GBA) has also called for the immediate reversal of the suspension, describing it as unconstitutional and lacking any legal foundation.
However, private legal practitioner Justice Abdulai has dissociated himself from the GBA’s position. Speaking on Channel One, he dismissed the GBA’s resolution as “meritless” and irrelevant to the constitutional process.
“I was not part of the 47 that voted for the resolution—that I can confidently say. I completely disagree with the resolution and every single letter in it,” he stated.
While acknowledging that he may be bound by the GBA’s collective decision, Abdulai firmly rejected any personal endorsement of it.
“I may be bound because it is a collective decision, but I will never, under any circumstances, argue in its favour or even attempt to subscribe to it. It is completely wrong,” he said.
He further questioned the relevance of the Association’s stance, asserting that it holds no weight in the current legal process.
“I do not find any merit in the arguments being made by the Association. It has no bearing on the decisions taken by the Council of State or the Executive,” he added.
Abdulai concluded by calling for reforms within the GBA, suggesting the need for the Association to become more relevant to Ghana’s political and legal landscape.
“I think we can evolve and do better as an Association—and make ourselves more relevant to the body politic of Ghana,” he said.