The National Democratic Congress (NDC) has hinted of impeaching the Chief Justice, Her Ladyship Gertrude Araba Esaaba Torkornoo, following her nomination of five judges to the President to consider for the Supreme Court.
The National Communications Officer of the party, Sammy Gyamfi, has noted that the impeachment will come at the appropriate time.
He says the selection of the judges for the Supreme Court is “self-seeking” on the part of the Chief Justice, adding that she erred in her actions which do not serve the interest of Ghana.
“I am telling you that concerning the unconstitutional and irregular requests made by the CJ to the President, she kept it a secret because she knew that what she had done was wrong.
“And the fact that she actually went beyond requesting for more Justices of the Supreme Court and actually went into who and who’s to be appointed by the president means that this CJ has a predetermined agenda of favouritism of people that she thinks she can work with, at the Supreme Court,” he said on Accra-based JoyNews Monday, July 09, 2024.
Justices Angelina Mensah Homiah, Eric Kyei Baffour, Edward Amoako Asante, Cyra Pamela C.A. Koranteng, and Afia Serwah Asare-Botwe, were recommended by the Chief Justice in a letter dated May 30, 2024, and addressed to the President, Addo Dankwa Akufo-Addo.
The NDC has accused the government of harbouring intentions of avoiding accountability after its term of office, the reason it has resorted to piling judges at the Supreme Court.
On Thursday, July 04, 2024, when the party made the allegations, it added that the Judicial Council had unanimously resisted moves to elevate five judges to the Supreme Court but the President and the Chief Justice have covertly overridden the decision.
General Secretary of the NDC, Franklin Fifi Fiavi Kwetey, had said the move by the CJ is unjust, calling for the need for the decision to be contested. He called for the need for transparency and fairness in judicial appointments processes, reemphasising the NDC’s displeasure with the decision due to potential biases in the selection.
Meanwhile, the Majority Leader, Alexander Kwamena Afenyo-Markin, has defended the Chief Justice, saying her decision is within the remit of the law.
But Sammy Gyamfi insists the party would impeach the CJ at the appropriate time.
“I am saying that this is a clear ground for resignation, an appropriate ground for her removal from office, and at the appropriate time, the right processes will be activated because the Constitution is clear.
“A CJ has no business telling the President of the Republic who and who to appoint to the Supreme Court,” he said.
He explained that the justices of the Court of Appeal that the CJ is proposing to the President do not work elsewhere.
“We all know them and their contribution to the development of the law. We know their competencies but they are not the only competent people on the Court of Appeal; they have seniors by far on the Court of Appeal.
“Equally competent People, if not more competent, so on what basis would the CJ mention names to the President? I don’t want to mention the name of some justices, but that would create a problem,” he stated.
When asked of the time the party will embark on the move, he said at the time when the country has a President who believes in the Constitution and ready to work on such petitions.
“Currently, we have a president who chooses to act on petitions depending on the contents of those petitions. So sometimes he chooses to forward positions. At times he desires not to, we will clearly know with our time sending a petition to such a president, who himself is an accomplice in this matter,” he indicated.
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