Embattled Chief Justice under suspension, Her Ladyship Justice Gertrude Araba Esaaba Torkornoo, has intimated that the processes surrounding the committee hearings into her alleged misconduct are biased and unconstitutional.
Her remarks come in the wake of a five-member committee set up by President John Mahama to investigate the veracity of claims made in petitions submitted to the Jubilee House, which allege improper conduct and raise a myriad of concerns regarding her tenure in office.
Speaking at a press conference in Accra, surrounded by family and friends, Her Ladyship Justice Torkornoo cited several instances where members of the committee allegedly sidestepped the rules of natural justice and established legal procedures—refusing to acknowledge her legal representatives and denying her access to the full set of documents, including the allegations made by her accusers, thus impeding her defence team’s ability to respond appropriately.
“The processes at the committee hearing, in certain instances, infringe on my personal liberties and rights enshrined in the 1992 Constitution. On the first day of the meeting, the members refused to acknowledge my legal counsel, who was present to hold brief for me. In addition to that, I have not had access to all the petitions and accusations that led to the establishment of a prima facie case against me.
“I have submitted applications to the Supreme Court through my lawyers, detailing the blatant violations of my rights and related matters, but such applications have been struck out during the course of the Article 146 hearings. This cripples my ability, along with that of my lawyers, to prepare a strong defence to the plethora of accusations being made—both in the public domain and in camera.
“These actions are the reason I am compelled to organise this press conference to share my side of the issues with the public and allow Ghanaians to judge for themselves as the process unfolds.”
Her Ladyship Justice Torkornoo emphasised her determination to stay the course throughout the committee proceedings in order to defend the integrity she has built over 38 years as a lawyer—17 in private practice and 21 as a judge—within Ghana’s judicial system.
She expressed concern that the ad hoc nature and perceived arbitrariness of the proceedings could damage the institutional respect and dignity of independent constitutional bodies, creating fear among high-ranking public officers and compelling them to submit to political pressure rather than uphold the rule of law.
“I am of the firm belief that if I chicken out of these processes before the truth comes out, it will be a disservice to my long-standing career as a lawyer and judge. For 38 years, I have dedicated my life to the national interest I swore to protect.
“The high-handedness and arbitrariness of some of the proceedings, in my view, betray the principles of the 1992 Constitution. The independence of critical constitutional bodies is being undermined, making it difficult for their heads to stand up to political manoeuvring while safeguarding the national interest with the necessary administrative protection to be firm and fearless.
“I fear that if these processes are left unchecked, future political actors could exploit similar mechanisms to remove from office any resolute public appointees who choose national interest over narrow partisan considerations.”
Her remarks have stirred widespread public discourse and reactions across the political divide, given the gravity and implications of the ongoing committee hearings.
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Story by Sika Togoh | univers.ug.edu.gh
