CDM condemns Mahama’s ‘political tribunal’ against Chief Justice, warns of dangerous precedent

The Centre for Democratic Movement (CDM) has condemned President John Mahama's decision to suspend Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.

The CDM calls this action “constitutionally questionable” and “dangerously politicised.” They warn it breaches constitutional norms and threatens judicial independence.

The CDM believes this move undermines the impartiality of the judiciary. They stress that the judiciary must remain free from political interference.

Their concerns focus on the investigative committee reviewing allegations against the Chief Justice. The CDM describes this committee as a “political tribunal” lacking neutrality.

They state, “This development is alarming due to the committee's composition.” The committee raises concerns about institutional neutrality and procedural integrity.

The CDM argues that suspending the Chief Justice before any conclusion is premature and unlawful. They cite Article 146 of the 1992 Constitution to support their claims.

According to them, this action undermines the integrity of the judiciary. It also erodes constitutional protections afforded to judicial officials.

The CDM highlights that presidential discretion in this matter violates Article 296(c) of the Constitution. This article requires authority to be exercised based on published criteria.

They assert, “No such framework appears to have been made public.” Without guidelines, discretionary power becomes arbitrary and constitutionally deficient.

Citing Ransford France v. Attorney-General, they remind the president about compliance with Article 296. This is especially important for matters involving constitutional safeguards.

The composition of the investigative committee raises further alarm for the CDM. They view members like Daniel Yaw Domelevo and Justice Gabriel Pwamang as politically manipulated appointments.

CDM notes Mr. Domelevo’s tenure involved politically charged confrontations. They also raise concerns over Justice Pwamang’s appointment by President Mahama.

Professor James Sefah-Dzisah’s publicly partisan stance against a new voters’ register in 2020 adds to their worries.

While acknowledging Justice Asiedu's inclusion, they argue it does not balance perceptions of bias toward Executive interests.

“In matters of such constitutional gravity, perception equals fairness,” they stress. The public must trust that processes are neutral and free from manipulation.

The Centre invokes international law, stating current actions violate Ghana’s obligations under Article 26 of ACHPR. They claim it contravenes UN principles on judicial independence as well.

“This setup violates international norms,” they declare, emphasizing guidelines for independent disciplinary procedures for judges.

CDM warns that this suspension sets a dangerous precedent for Executive interference in independent institutions. It fosters mistrust in the judicial system and weakens checks and balances.

They describe this incident as part of a larger pattern of Executive overreach cloaked in legality but harmful to democracy.

In response to this crisis, CDM issued five urgent demands:
1. Reverse Chief Justice’s suspension immediately.
2. Dissolve and reconstitute the investigative committee.
3. Affirm judicial independence through constitutional safeguards.
4. Conduct a parliamentary inquiry into procedural breaches.
5. Engage regional and international bodies for oversight and accountability.

“We urge all defenders of democracy—civil society, religious leaders, media—to rise above partisanship,” said CDM representatives.

In closing, they remind everyone: “This moment demands vigilance, not silence.” Ghana’s democratic future should not be sacrificed for political gain or weaponized against an independent judiciary.

“The Centre for Democratic Movement remains committed to defending constitutionalism and justice in Ghana.”