The Minority Leader in Parliament, Hon. Alexander Afenyo-Markin, has made a strong call to Ghana’s judiciary, the Ghana Bar Association (GBA), and Civil Society Organisations (CSOs) to rise and resist what he describes as an attempt by elements within government to undermine the independence of the judiciary through the removal of Chief Justice Gertrude Sackey Torkornoo.
Speaking at a press conference after a National Executive Committee (NEC) meeting of the New Patriotic Party (NPP) on Wednesday, April 16, Mr. Afenyo-Markin did not mince words about what he sees as a coordinated effort to politicize the judiciary.
“We are aware of attempts by persons in government to push for the removal of the Chief Justice from office. The judiciary should not be seen as part of the party-political system in our country. All we need is an impartial judiciary to dispense justice,” he stated.
He warned that the integrity of the judiciary is under siege and urged justices not to fall for divide-and-conquer tactics.
“Let not somebody create an impression of one of you and think that just by dislodging one of you, you will be the next. The next day, you will be the next,” he warned.
The Minority Leader called on judicial officers to show unity and boldly speak out.
“The judiciary must stand together as one body and make a full statement and condemn this action. The Ghana Bar Association must stand for the judiciary, Civil Society Organisations must stand for the judiciary,” he emphasized.
Politicization of the Bench
Also weighing in on the controversy, Dr. Kojo Pumpuni Asante, Director of Policy Engagement and Partnerships at CDD-Ghana, noted that the problem runs deeper than just the current petition. In an article published this week, he said politicization of the judiciary has grown significantly since 2013, particularly due to election-related cases.
“As courts handle more political cases, accusations of bias grow,” he wrote, attributing this partly to Parliament’s failure to resolve internal disputes, thus offloading political tensions onto the judiciary.
While acknowledging the momentum behind the current petition, Dr. Asante emphasized that even if it succeeds, it would not fix the larger perception problem.
“The real issue lies in unchecked administrative powers and the lack of limits on Supreme Court appointments. Legislative reform should be the way forward and the opportunity to pursue it is now.”
The Petition Process
The Presidency confirmed on March 25 that President John Dramani Mahama had received and forwarded three petitions for the removal of Chief Justice Torkornoo to the Council of State, in line with Article 146 of the Constitution. The Chief Justice has since responded to the petitions.
Meanwhile, the Supreme Court has scheduled May 6 to hear injunction applications challenging the process. A five-member panel, reduced to four due to the absence of Justice Samuel Asiedu, adjourned the matter citing “unavoidable reason.”
During previous proceedings, former Attorney General Godfred Yeboah Dame, representing the MP for Old Tafo, argued that the ongoing Council of State consultations should be halted due to the pending injunction.
But Attorney General Dr. Dominic Ayine countered this assertion, maintaining the President was executing a constitutional duty.
“He needs to understand that this is the performance of a constitutional duty, and the law is very clear that you cannot enjoin the performance of a constitutional or public obligation,” Dr. Ayine said.
