CDM questions neutrality of committee probing petitions against CJ

The Centre for Democratic Movement (CDM) has concerns about the committee investigating Chief Justice Gertrude Torkornoo. They believe it is politically compromised. The group stated that the committee's makeup undermines impartiality.

CDM highlighted the inclusion of former Auditor-General Daniel Yao Domelevo, Justice Gabriel Pwamang, and Prof. James Sefah-Dzisah. They questioned these members' independence in this sensitive matter.

The CDM noted that having one appointee from the previous government, Justice Asiedu, does not balance perceived bias. They argued that this does little to counteract the perception of favoritism toward the Executive’s interests.

The group referenced international guidelines like the United Nations Basic Principles on Judicial Independence. They claimed that these principles emphasize impartial disciplinary processes. CDM called for dissolving and reconstituting the committee with truly independent members.

They warned that failure to do so could harm Ghana’s democratic reputation abroad. President Mahama suspended Chief Justice Torkornoo after a prima facie case was established against her.

FULL STATEMENT BELOW:

Title: Defending Constitutionalism: Condemnation of the Suspension of Ghana’s Chief Justice

The Centre for Democratic Movement (CDM) condemns President Mahama's decision to suspend Chief Justice Gertrude Torkornoo. This action breaches constitutional norms and threatens judicial independence.

The composition of the investigative committee raises concerns about neutrality and integrity. Its political affiliations undermine both perceived and actual impartiality.

Ghana's 1992 Constitution outlines specific procedures for removing Justices from office. Article 146(1) states a Justice can only be removed for misbehavior or incompetence.

President Mahama's suspension before completing this process violates Article 146 requirements. It undermines institutional integrity and erodes protections for the judiciary.

This action also raises concerns under Article 296(c). Discretionary authority must follow published criteria, which are absent here.

In Ransford France v Attorney-General, the Supreme Court affirmed compliance with Article 296 is essential when exercising discretionary power involving constitutional safeguards.

A Politicized Committee Erodes Credibility

Any committee reviewing conduct must be neutral and unimpeachable. However, this committee has significant political ties that compromise its integrity.

Concerns include:

- Mr. Daniel Yaw Domelevo faced politically charged confrontations during his tenure.
- Justice Gabriel Pwamang was appointed by President Mahama, raising questions about his independence.
- Professor James Sefah-Dzisah publicly opposed a new voters’ register ahead of elections, suggesting partisanship.

Justice Asiedu’s presence does little to counterbalance perceptions of bias toward Executive interests. Fairness must be evident in such critical matters; public trust depends on it.

This setup violates international norms:

- The UN Basic Principles require independent disciplinary processes.
- The African Commission emphasizes judges should face impartial procedures only.

Violation of International Norms

Ghana's actions contravene commitments under international frameworks:

- The African Charter mandates protecting judicial independence from political interference.
- UN principles prohibit arbitrary suspensions or removals of judges.

Ignoring these standards risks damaging Ghana’s democratic reputation internationally.

A Dangerous Precedent

This suspension sets a troubling precedent encouraging Executive interference in independent institutions. It fosters mistrust in the judicial system and weakens checks and balances.

CDM sees this as part of a trend toward Executive overreach threatening democracy in Ghana. If unchallenged, it could reverse decades of progress in governance stability.

Our Position and Call to Action

CDM calls for immediate actions to restore constitutional integrity:

1. Reverse Chief Justice Torkornoo's suspension according to due process.
2. Dissolve and reconstitute the investigative committee with neutral members.
3. Affirm judicial independence as vital to our Republic.
4. Establish oversight mechanisms to investigate procedural breaches under Article 296.
5. Engage regional bodies like the African Commission for accountability aligned with international obligations.

We urge all defenders of democracy—civil society, religious leaders, media—to rise above partisanship and uphold our Republic's principles.

Conclusion

This moment requires vigilance against political gain at democracy's expense. The Constitution must not be weaponized; judicial independence should not be punished.

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


Signed:
Centre for Democratic Movement (CDM)

CC:
• Office of the United Nations Resident Coordinator
• U.S Embassy, Accra
• British High Commission
• Delegation of European Union to Ghana
• Canadian High Commission
• Embassy of Germany
• African Union Commission
• ECOWAS Commission
• Ghana Bar Association
• Ghana Journalists Association