Ex-gratia is not applicable to judges in the nation, according to Justice Gertrude Araba Esaaba Sackey Torkornoo, a candidate for Chief Justice.
She emphasized that judges do not receive ex-gratia like other public office holders and added that they keep their positions until they retire.
In remarks made on May 26 during her examination by the Parliamentary Appointments Committee, Justice Gertrude Torkornoo said that the Constitution’s creators believed it was prudent to maintain judges’ independence. She stated that a complex process is required to amend the long-standing rule governing judges’ compensation.
The candidate for Chief justice emphasized how frequently the Association of Judges and Magistrates has addressed the issue of judges receiving ex-gratia and made it very clear that judges do not. However, she said, they stay in their positions and don’t leave until they retire. The issue of ex-gratia, she said, “is not at all applicable to us because we don’t have a cycle.”
“This specific provision, where our names [judges] are mentioned, due to how our salaries are set under Article 71, it’s a presidential committee that does that work. And the framers of the Constitution thought that, that was the appropriate thing to keep us independent, and we are not the only persons subject to it. This is an entrenched provision and can only be changed by a very elaborate procedure.”
Justice Gertrude Araba Esaaba Sackey Torkornoo
If confirmed, Justice Gertrude Torkornoo will follow Justices Sophia Akuffo and Georgina Theodora Wood as the third female Chief Justice in Ghana’s history.
When Justice Kwasi Anin-Yeboah achieved the obligatory retirement age of 70 for justices of the Court of Appeal and the Supreme Court on May 24, 2023, she will take his position as Chief Justice.
Justice Gertrude Torkornoo, the nominee for Chief Justice, claims that steps are being taken to fulfill the concerns of the Judicial Service Staff Association of Ghana (JUSAG) members, who are currently on strike.
The Supreme Court Justice addressed the worries of the resentful court service personnel in her response to the issues raised by the strike at her vetting. But she did say that the procedure for fulfilling the demands had delayed.
“We (the judiciary) cannot be faulted for the slow pace at addressing the demands of the Judicial Service Staff Association of Ghana because there are other relevant bodies involved in addressing their concerns.”
Justice Gertrude Araba Esaaba Sackey Torkornoo
Following a national strike by JUSAG on May 24 in protest of the rejection of a new salary structure and other perks for its members, the provision of justice in Ghana is currently in limbo.
Supreme Court Follows Every Given Law
The Chief Justice nominee, Justice Gertrude Torkornoo denied allegations that the Supreme Court is biased when rendering decisions in political disputes.
Justice Torkornoo stated at her confirmation hearing before the Parliament’s Appointments Committee on May 26 that a unanimous ruling by the Supreme court shows that the judgment is supported by the law and not prejudice.
“Whenever you encounter a unanimous decision, it tells you that the law is totally on the side of the position taken by the court, that every member of the court in fidelity to their judicial oath cannot take a different position, it tells you that, that is what the law is. So the only response is to learn from what the law says, it is not a matter of bias, it is a matter of the legal position.”
Justice Gertrude Araba Esaaba Sackey Torkornoo
Following a string of setbacks during the Election petition hearing, certain members of the National Democratic Congress (NDC) publicly accused the Supreme Court of being biased. They claim that when there are disputes between the two parties, the bench frequently sides with the NPP.
But the Chief Justice candidate went on to say that some persons lose cases on technicalities and look for reasons why they did not win. She averred that before making decisions, people must have a thorough understanding of legal principles.
Justice Torkornoo also backed the Supreme Court’s decision to summon anyone for contempt, if they make offensive remarks or damage the court’s reputation.
She claims that summoning persons for contempt is a tactic employed to preserve the honor and prestige of the Ghanaian courts.
“The issuing of contempt summons has always been a tool that has been used by courts to ensure that the dignity of the court is not scandalized. The [Supreme] Court is one out of 400 courts, and it is the ultimate voice, so whenever the court acts, whether it is the High Court, Court of Appeal, or Supreme Court, it is to ensure that the Justice system is not scandalized.”
Justice Gertrude Araba Esaaba Sackey Torkornoo
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