Private legal practitioner, Francisca Serwaa Boateng Esq., has expressed disapproval of Chief Justice Gertrude Torkornoo’s decision to reconstitute a five-member Supreme Court panel without providing any justification or explanation for the move.
Ms. Boateng denounced the Chief Justice’s actions as “unlawful” and a threat to the principles of constitutional democracy, expressing grave concern over the alarming concentration of power in the Chief Justice’s hands, which she deemed detrimental to the integrity of the judiciary.
“The withdrawal was against the express constitutional position in Article 157(3). The Chief Justice also has no power to shove off the presiding Justice and install herself as president of the panel when she took no part in the proceedings leading up to the judgment. Such an attitude is beyond impunity. It is unconstitutional. It is unlawful. It is an affront to constitutional democracy”.
Francisca Serwaa Boateng Esq.
Furthermore, Ms. Boateng contended that the Chief Justice’s assertion that the case was premature for hearing is baseless and unsustainable, and she vehemently disputed the legitimacy of this reasoning.
As such, she clarified that in criminal appeals, the filing of statements of case marks the culmination of legal arguments, leaving only the delivery of the judgment as the final step in the process.
“Therefore, the reconstitution of the panel was against the express constitutional provisions”. – Francisca Serwaa Boateng Esq.
Ms. Boateng also expressed disappointment and concern over the Ghana Bar Association’s conspicuous silence and inaction on the matter, urging the organization to take a stance and address the issue with the gravity it deserves.
Moreover, Ms. Boateng rebutted the Attorney General’s defense of the Chief Justice, pointing out that his argument is legally unsound and flawed.
She also raised concerns about the propriety of his dual role as both the Chief Justice’s advocate and an interested party in the appeal, which she deemed a clear conflict of interest.
Accordingly, Ms. Boateng advocated for the independence of the judiciary as an institution, rather than merely individual judges, cautioning that unchecked concentration of power in the Chief Justice’s hands could lead to judicial chaos and undermine the integrity of the entire judicial system.
Meanwhile, civil society organizations and legal experts, including LINSOD, ASEPA, and Prof. Kweku Asare of CDD-Ghana, have voiced their opposition to the move, joining a chorus of dissent.
They argue that the Chief Justice’s actions violate constitutional provisions and undermine judicial independence.
AG Slams Media Distortion
However, the Attorney General came to the Chief Justice’s defense, accusing some media outlets of colluding to distort the court’s efforts in prosecuting the former CEO of the Ghana Cocoa Board, and alleged that they were attempting to undermine the judicial process.
Furthermore, the Attorney General observed that the majority of publications regarding the case in question are, in fact, orchestrated by the accused individuals themselves, exceeding the bounds of acceptable free speech.
These publications, he noted, are deliberately designed to obstruct the justice system or prejudice the impartial hearing of the case, thereby constituting a gross abuse of the freedom of expression.
“Nonetheless, the Republic remains focused on adducing cogent evidence in substantiation of the charges against all the accused persons in the case mentioned above and will not be overawed in that process”.
Godfred Dame, Attorney General
Moreover, the Attorney General asserted that no litigant has the right to dictate which court or panel of judges hears their case, emphasizing that parties to a court proceeding do not have the authority to insist on a specific forum or judicial panel to preside over their matter.
As such, he pointed out that, as stipulated in the Constitution and the Courts Act, 1993 (Act 459), the Chief Justice has the authority to constitute every court and determine its composition to hear any matter.
“A deliberate disregard of these basic principles is inimical to the sound adjudication of cases and portends danger for the entire society”. – Attorney General
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