BY Daniel Bampoe
The Centre for Democratic Movement (CDM) has expressed its strong condemnation of the recent decision by the President of Ghana to suspend Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
According to the CDM, this action constitutes a serious breach of constitutional norms and a direct encroachment on judicial independence.
Breach of Constitutional Norms
The CDM argues that the President’s decision to suspend the Chief Justice before the conclusion of a constitutionally prescribed process is a clear breach of Article 146 of the 1992 Constitution of Ghana.
This article stipulates that a Justice may only be removed for stated misbehavior, incompetence, or inability to perform the functions of office due to infirmity of mind or body.
Furthermore, the CDM notes that the President’s use of discretionary power in this case appears to be arbitrary and unregulated, violating Article 296(c) of the Constitution.
Politicized Committee Raises Concerns
The CDM has also raised concerns about the composition of the investigative committee appointed to assess the Chief Justice’s conduct.
According to the CDM, the committee’s makeup is marred by political affiliations and past controversies, undermining its perceived and actual impartiality.
The CDM notes that the inclusion of individuals with perceived partisan leanings, such as Daniel Yaw Domelevo and Professor James Sefah-Dzisah, fuels the perception of political motive.
International and Regional Implications
The CDM argues that the suspension and flawed investigation process contravene Ghana’s commitments under binding international and regional frameworks.
These include the African Charter on Human and Peoples’ Rights, the UN Basic Principles on the Independence of the Judiciary, and the African Guidelines on Fair Trial.
By disregarding these standards, Ghana risks damaging its democratic reputation and undermining its obligations as a respected member of the international legal order.
The CDM is calling for immediate actions to restore constitutional integrity and safeguard judicial independence.
These include the reversal of the suspension of the Chief Justice, the dissolution and reconstitution of the investigative committee, and a parliamentary inquiry or constitutional oversight mechanism to investigate the breach of procedure.
The CDM is also urging all defenders of constitutional democracy to rise above partisanship and defend the foundational principles of the Republic.
Defending Constitutionalism
The CDM emphasizes that this moment demands vigilance, not silence. Ghana’s democratic future cannot be bartered for political gain, and the Constitution must not be weaponized.
The CDM remains resolute in its mission to defend constitutionalism, uphold justice, and safeguard the future of democratic governance in Ghana.
