By Daniel Bampoe
The New Patriotic Party (NPP) has issued a strong demand for President John Dramani Mahama to immediately reverse the suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, describing the decision as unconstitutional, politically motivated, and a direct assault on judicial independence.
Addressing a press conference at the NPP Headquarters during the Inter-Political Parties “Save the Judiciary” demonstration briefing on May 1, the party’s National Organizer, Henry Nana Boakye, popularly known as Nana B, declared, “The NPP profoundly disapproves and vehemently condemns this blatant disregard for constitutional order, judicial sanctity, and democratic norms.”
Background
The controversy stems from President Mahama’s recent suspension of the Chief Justice, reportedly under Article 146 of the 1992 Constitution.
However, according to the NPP, this move bypassed due process and misapplied constitutional provisions intended to protect the judiciary from political interference.
“This action, taken under the pretext of Article 146, constitutes a grave threat to judicial independence, a reckless abuse of executive discretion, and an affront to the rule of law,” Nana B stated.
He stressed that Article 146 clearly outlines that the President plays only a ceremonial role in disciplinary processes involving superior court judges.
“The President is merely a transmitting agent, not a judge, prosecutor, or decision-maker,” he said.
“Therefore, his suspension of the Chief Justice is ultra vires, unconstitutional, and must be rescinded without delay.”
Concerns Over Committee Composition
The NPP also raised alarm over the composition of the committee established to investigate the Chief Justice.
Specifically, they objected to the appointment of Justice Gabriel Scott Pwamang as chair of the committee, citing a conflict of interest.
“Justice … authored a Supreme Court ruling directly connected to the petition against the Chief Justice,” Nana B noted.
“His involvement erodes public confidence and violates the principle of impartial adjudication. His refusal to recuse himself, despite the availability of other qualified justices, suggests deliberate manipulation of the process.”
Pattern of Judicial Interference
The NPP framed the suspension as part of a broader and troubling pattern by President Mahama and the NDC to subvert Ghana’s judicial independence.
Nana B recalled a controversial comment made by Mahama during a 2023 NDC lawyers’ conference in Akosombo, where the then-flagbearer stated that the Judiciary had been packed with judges aligned with the NPP.
“These statements confirm a thoughtful and deliberate plan by Mr. Mahama and the NDC to transform Ghana’s independent judiciary into a partisan tool favoring their political agenda,” he argued.
“This is not about reform or independence—it is about control and manipulation.”
Calls for Immediate Action
The NPP’s statement comes as legal professionals, civil society, and other political parties, including the Ghana Bar Association (GBA), LPG, and NDP, express concern.
The GBA, in a recent mid-year resolution, condemned the suspension and hinted at legal action should constitutional procedures continue to be flouted.
“We echo the legitimate concerns raised by the Ghana Bar Association,” Nana B said.
“Their stance affirms what many already know—the President’s actions are neither rooted in law nor in the spirit of democratic principles.”
In their concluding demands, the NPP called for: The immediate and unconditional reversal of the suspension of Chief Justice Torkornoo, and, strict compliance with Articles 146 and 296 in all future judicial disciplinary proceedings.
“Today it’s Chief Justice Torkornoo. Tomorrow it could be any judge who dares to exercise independent judgment,” Nana B warned.
“Ghana must not descend into a state where political expediency overrides constitutional order.”
The party pledged to stand firm in defence of Ghana’s judicial independence and constitutional democracy.
