Dr. Joshua Jebuntie Zaato, a senior lecturer in the Department of Political Science at the University of Ghana, has alleged that the government is targeting Chief Justice Gertrude Araba Esaaba Sackey Torkonoo in a bid for revenge.
According to Dr. Zaato, the government’s actions are retaliatory, stemming from the removal of former Electoral Commission Chairperson, Charlotte Osei, when the previous administration took office in 2017.
He has described the move as a form of vengeance against the opposition.
Speaking on the BigIssue on NewDay on TV3 on Wednesday, May 29, 2024, Dr. Zaato said, “the government is fighting to remove the Chief Justice to avenge the removal of Charlotte Osei by the then NPP government.”
He advised the government to be cautious of its actions, warning that if the vengeance trajectory continues, the same thing will be done to them when the NPP returns to power.
“You, NDC should bear in mind that if the vengeance continues like this, then the same thing will be done to you tomorrow when you’re finally in opposition and the NPP is back in power,” he warned.
The Chief Justice, Gertrude Torkornoo, has been suspended by President John Dramani Mahama, following some petitions filed by some private citizens to get her out of office for alleged abuse of her office.
This followed the establishment of a prima facie case against her. The President has also set up a committee to investigate the petitions seeking her potential ousting.
Madam Torkornoo filed a petition at the Supreme Court to stop the committee probing the petitions against her, asked that some of the committee members be expunged from the panel and demanded that the probe be held on camera rather than being in-camera.
But the apex court has struck out the supplementary affidavit she filed in support of her injunction application.
The affidavit alleged inhumane treatment, violation of her dignity, and described the ongoing proceedings as a “mockery of justice” and a “ruse” aimed at unjustifiably removing her from office.
However, the Supreme Court ruled that the contents of the affidavit referred to events that occurred before the committee investigating the petitions for her removal — proceedings which, by law, are expected to be held in-camera.
A five-member panel of the court upheld an objection raised by the deputy Attorney-General (A-G), Justice Srem-Sai, who argued that the supplementary affidavit violated Article 146(8) of the Constitution. That provision mandates that proceedings concerning the removal of justices be conducted in private.
According to the deputy A-G, by deposing to an affidavit that disclosed aspects of the committee’s deliberations, the suspended Chief Justice breached this constitutional requirement.
Former A-G and legal counsel for Justice Torkonoo, Godfred Yeboah Dame, countered that the affidavit was submitted within a judicial forum and not disclosed to the general public. He argued that this did not constitute a breach of Article 146(8).
Nonetheless, the Supreme Court held that the contents of the affidavit indeed violated the confidentiality provisions under the Constitution and accordingly struck it out.
