CJ suspension: CDM warns of executive overreach and collapse of checks and balances

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

CDM calls this move “constitutionally questionable.” They describe it as a serious breach of constitutional norms. The group warns it threatens judicial independence and politicizes the judiciary.

“This action represents a profound threat to the rule of law,” CDM stated. They believe it undermines the principle of separation of powers.

The Centre cautioned that this precedent could dismantle Ghana’s democratic safeguards since 1992. According to CDM, the decision violates Article 146(1) of Ghana’s Constitution. This article states that a justice can only be removed for specific reasons.

CDM referenced the ruling in Frank Agyei-Twum v Attorney General & Bright Akwettey. This ruling clarified that the President must consult with the Council of State first. A prima facie case must also be established by a proper committee.

“The President’s suspension of the Chief Justice breaches these procedural requirements,” CDM warned. They said it undermines institutional integrity and erodes judicial protections.

The group invoked Article 296(c), which requires published criteria for discretionary power use. “No such framework appears to have been made public in this case,” they noted. Without guidelines, discretionary power becomes arbitrary and unregulated.

CDM quoted Ransford France v Attorney-General, emphasizing compliance with Article 296 is crucial. This principle is vital when protecting judicial independence, they stressed.

The suspension itself raised concerns about the neutrality of the investigative committee reviewing the Chief Justice's conduct. CDM stated that the committee shows significant political bias, raising doubts about its integrity.

They flagged former Auditor-General Daniel Yaw Domelevo's inclusion as inappropriate due to his past confrontations with politics. Similarly, Justice Gabriel Pwamang was nominated by Mahama during his previous administration.

Though respected, CDM warned that Pwamang's ties to Mahama raise concerns about independence. Professor James Sefah-Dzisah’s inclusion also fueled perceptions of political motives due to his past opposition to voter registration efforts.

Even with Justice Asiedu from President Akufo-Addo’s nomination, CDM argued this balance does little against perceived bias toward Executive interests.

“In matters of constitutional gravity,” they noted, “the perception of fairness is crucial.” The public must trust that processes are neutral and free from manipulation.

CDM highlighted violations of international norms as well. They pointed out that UN principles require independent and transparent disciplinary processes for judges.

The African Commission insists on impartial procedures for disciplining judges as well. Beyond domestic issues, CDM warned about potential violations of Article 26 of the African Charter on Human and Peoples’ Rights (ACHPR).

“By ignoring these standards, Ghana risks damaging its democratic reputation,” they said. It also undermines obligations as an international legal member.

CDM expressed concern over broader implications from the President’s actions too. “This suspension sets a dangerous precedent,” they warned against Executive interference in independent institutions.

They described these actions as part of a trend toward Executive overreach disguised as legality but harmful to democracy.

“Left unchallenged, this trajectory threatens decades of progress in governance,” they concluded.

In response, CDM called for immediate actions: reversing the Chief Justice’s suspension unconditionally and reconstituting the investigative committee properly. They urged launching a parliamentary inquiry into procedural breaches too.

They recommended engaging international oversight bodies like the African Commission on Human and Peoples’ Rights and UN Special Rapporteur on Judges' Independence.

CDM ended their statement with urgency: “Ghana’s democratic future cannot be bartered for political gain.” The Constitution should not be weaponized against judicial independence either.

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