Mustapha Foyo Gbande, the Deputy General Secretary of the governing National Democratic Congress (NDC), has cautioned against the politicisation of the petitions seeking the removal of the Chief Justice (CJ).
He says the trajectory, adopted by the opposition New Patriotic Party (NPP), would damage the reputation of the Chief Justice herself, rather than President Mahama or the NDC.
He believes due process is being followed by the President over the three separate petitions seeking the ousting of the Chief Justice from office, advising caution that it shouldn’t be dragged onto the tangent the NPP has adopted.
Gbande, who was speaking on Accra-based JoyNews on Monday, May 5, 2024 intimated that the politicisation of the processes guiding the treatment of the petitions would rather expose the Chief Justice politically.
“The manner in which they are politicising this whole matter would injure the Chief Justice herself,” he cautioned.
“You are further exposing the Chief Justice politically and aligning her to a particular opinion or argument from a group of people, which is not fair to her,” added Gbande.
The Director of Operations at the Presidency further criticised the NPP for what he calls its selective outrage and hypocrisy over the concerns and commentary by members of the NDC on the matter, while ignoring the initial leaks and coverage made by some journalists aligned with their party.
“Why is it that Egyapa Mercer is accusing Sammy Gyamfi and Edudzi of commenting on the matter, when Paul Adom-Otchere was the one who actually serialised the Chief Justice’s response and put it out there?” he asked. “Why are they running away from that conversation?”
He maintained that the process was rooted in law and should not be guided by public sentiment, as the NPP sought to do, insisting that the opposition party had no moral ground to question the process.
“They have demonstrated, but at the end of the day, the inconsistencies with which they have finished their demonstration is my trouble,” he said.
Gbande further questioned the logic behind the NPP’s claim that the Constitution is under attack, whilst the same document granted them the liberty to bus people from other parts of the country to Accra to exercise their democratic rights.
“In fact, to demonstrate early morning, bringing people from Winneba and Kumasi to come and protest in Accra, that is a right given to them by the same Constitution they claim is under threat,” Mustapha Gbande said.
The conversation stems from the suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, by President John Dramani Mahama. The decision followed the establishment of a prima facie case in response to three separate petitions seeking her removal from office.
The decision, in line with Article 146(6) of the 1992 Constitution and taken in consultation with the Council of State, was announced on Tuesday, April 22, 2025, marking a significant moment in Ghana’s judicial history, as the head of the Judiciary faces an inquiry into her conduct.
Although the specific allegations contained in the petitions have not been publicly disclosed, they have stirred widespread debate within the legal and political circles, raising questions about judicial accountability and integrity of the judiciary’s leadership.
In accordance with constitutional procedures, Chief Justice Torkornoo was furnished with copies of the petitions and given 10 days to respond, which she submitted on April 7, 2025.
Following a review of the response and further consultations, the President determined that a prima facie case had been established. Consequently, a five-member committee was constituted under Article 146(6) to investigate the matter.
The committee is composed as follows:
Justice Gabriel Scott Pwamang, Justice of the Supreme Court – Chairman
Justice Samuel Kwame Adibu Asiedu, Justice of the Supreme Court – Member
Daniel Yaw Domelevo, Former Auditor-General – Member
Major Flora Bazwaanura Dalugo, Ghana Armed Forces – Member
Professor James Sefah Dzisah, Associate Professor, University of Ghana – Member
Per Article 146(10) of the Constitution and upon the advice of the Council of State, the President issued a warrant for the suspension of the Chief Justice pending the outcome of the committee’s investigations.
Gbande hits back at NPP over allegations of third-term ambitions for Mahama
