Constitutional Lawyer Kwame Adofo has cautioned against the increasing politicization of Ghana’s judiciary, particularly in relation to the ongoing petition seeking the removal of Chief Justice Gertrude Torkornoo.
Reacting to the Supreme Court’s indefinite adjournment of the hearing on the matter, Lawyer Adofo clarified that the term “indefinite” should not be misinterpreted as a permanent delay.
“Being indefinite does not mean forever. It simply means without a date. They will definitely sit down for hearing as soon as possible,” he said in an interview on Prime News on ABC News GH.
His remarks come amid rising public concern following the Supreme Court’s April 9 adjournment of the high-profile case due to the absence of representatives from the Attorney General’s office. The petition, spearheaded by Vincent Ekow Assafuah, MP for Old Tafo, challenges the constitutionality of President John Mahama’s consultation with the Council of State on the matter—without first affording the Chief Justice a hearing.
Adofo, however, expressed deep unease about the broader implications for judicial independence and democratic stability.
“We are politicizing everything, including our Supreme Court—and that’s concerning,” he stated. He emphasized that the once predictable and dignified processes of the judiciary have now become clouded due to political interference. “Because of the political proliferation into the judiciary system, it has become difficult to determine when even critical cases will be heard,” he lamented.
Weighing in on the potential ramifications of executive action, Lawyer Adofo issued a stern warning to President Mahama against proceeding with the removal of the Chief Justice without judicial clearance.
“If the President goes ahead, he is going to be setting a dangerous precedent, in that the next government will also come in with his or her own judiciary. The President should not move in that direction because the country is—or will be—in jeopardy,” he cautioned.
The petition itself is being argued by former Attorney General Godfred Yeboah Dame, who insists that the move by the President undermines judicial fairness and violates Article 146(6) of the 1992 Constitution.
Lawyers for Assafuah have urged the President to hold off on any further consultation until the Supreme Court determines whether a prima facie case exists.
Meanwhile, Attorney General Dr. Dominic Ayine has filed an affidavit that many believe reflects no commitment to ensuring the Chief Justice is given an opportunity to defend herself.
Critics argue that this approach not only threatens the independence of the judiciary but could also destabilize constitutional governance.
