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Minority raises alarm over petition to remove Chief Justice, warns of threat to judicial independence

Kumasi Mail by Kumasi Mail
April 16, 2025
in News
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MP for Suame urges former Akufo-Addo appointees not to honour ‘Operation Recover All Loot’ invitation

Lawyer John Darko MP for Suame Constituency

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The Minority in Parliament has raised serious concerns over what it describes as an orchestrated attempt by the Presidency to undermine the independence of the judiciary, following a petition submitted to the Council of State seeking the removal of the Chief Justice, Her Ladyship Justice Gertrude Torkornoo.

At a press conference held in Accra on Tuesday, Member of Parliament for Suame Constituency John Darko described the move as a dangerous step backward for Ghana’s democracy and likened it to the dark days of the country’s political history when judicial independence was under threat.

According to the Minority legal Counsel, the petition reportedly submitted in March 2025 by President John Dramani Mahama raises allegations against the Chief Justice, including her advisory role in the appointment of judges to the Supreme Court, her ruling in an ex parte motion involving the Speaker of Parliament, and a purported financial impropriety involving approximately GHC 75,000.

“These allegations are not only flimsy but dangerously reminiscent of past attempts to subjugate the judiciary,” a spokesperson for the Minority stated. “We see this as a deliberate effort to malign the Chief Justice, orchestrate her removal, and silence the judiciary in order to exert executive control.”

Citing historical examples, the Minority warned of parallels to the June 30, 1982 abduction and murder of three High Court judges, which occurred during the era of the Provisional National Defence Council (PNDC)—the political precursor to the current ruling National Democratic Congress (NDC).

They further referenced landmark constitutional cases that have upheld the judiciary’s independence, such as NPP v. IGP, NPP v. Attorney General, and the 2013 and 2021 presidential election petitions, arguing that the judiciary has consistently served as the stabilizing force in Ghana’s democracy.

The Minority also cautioned against the reported consideration of Article 146(10)(a), which could be invoked to suspend the Chief Justice pending an investigation, warning that any such move could further erode public confidence in the justice system.

Quoting Article 146 of the 1992 Constitution, which outlines the grounds for removing a superior court judge—stated misbehavior, incompetence, or infirmity—the Minority described the current petition as “legally baseless and politically motivated.”

They called on development partners, foreign missions, traditional and religious leaders to speak out, and urged Ghanaians to resist what they described as “a naked usurpation of judicial powers.”

“Justice emanates from the people,” the Minority concluded, referencing Article 125(1) of the Constitution. “You are the ones whose power is being taken away. You must rise and say enough.”

The Presidency has yet to respond publicly to the allegations raised at the press conference.

Source: www.Kumasimail.com

Tags: Chief JusticeGertrude TorkornooHer Ladyship JusticeJudiciaryMinority in Parliamentpetition Council of Statetopstory
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