By Patrick Biddah
The National Democratic Congress (NDC) has accused the Chief Justice, Her Ladyship, Getrude Torkonoo of compromising her independence, when she wrote a letter to President Akufo-Addo, for the promotion of five Judges to the Supreme Court.
The action of the CJ, according to the NDC, is illegal and has thus turned due process on its head.
Speaking at a press conference on Thursday, July 4, 2024, the General Secretary of the NDC, Mr Franklin Fifi Kwetey, stressed that the CJ does not have any power under the constitution to nominate Judges to be appointed onto the Supreme Court bench by the President.
“Nowhere in the Constitution is the Chief Justice named as the one to recommend persons to the President for appointment to the Supreme Court “, he noted.
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“ Contrary to this constitutional imperative, the Chief Justice singularly constituted herself into the Judicial Council and unilaterally acted in its name and on its behalf “, he said .
This action, in the view of the NDC, is dangerous for the democratic governance of the country.
The Chief Justice’s letter written on May 30, 2024, named Justice Eric Kyei Baffour, Her Ladyship, Angelina Mensah Homiah, His Lordship, Edward Amoako Asante, Her Ladyship, Cyra Pamela C.A. Koranteng and Her Ladyship, Justice Afia Asare Botwe, who happens to be the Judge presiding over the prosecution of the Minority Leader, Dr Casel Ato Forson, to be promoted to the Supreme Court.
Already, there are 15 Justices of the Supreme Court. The latest five, if goes through will bring the number to 20 appointed by President Akufo-Addo, since taking over as the Head of State in 2017.
In the mind of the General Secretary and the NDC, the letter written by the CJ and its expressed receipt by the President on June 4, 2024, and the subsequent support by the Attorney General, Godfred Dame, in a letter he wrote on June 22, 2024, are geared towards a grand scheme to pack the Supreme Court with the intention of making the Judiciary an extension of the NPP.
According to the NDC, the latest list of unilateral nomination of five judges to the Supreme Court, is a reinforcement of this plan between the CJ and President Akufo-Addo, to line up judges sympathetic to the course of the NPP, with the aim of escaping prosecution when the NDC takes over power.
In spite of this alleged plot by the President and the CJ, through correspondences, all members of the Judicial Council, according to the NDC chief scribe, opposed the idea of the nomination.
“Our unimpeachable sources tell us that that the Judicial Council however unanimously stood up against the reckless schemes of both the President and the Chief Justice. We are further informed that all the members of the Judicial Council rejected the proposal , citing poor and dangerous timing , especially with the general elections only six months away”, he alluded to.
The NDC, further indicated that the proposal by the CJ was unpopular to the extent that the President of the Bar Association , Yaw Acheampong Boafo, wrote to President Akufo-Addo, a copy they claim they have sighted which objected to the nomination of the Judges.
In view of the ongoing disregard for due process, the NDC, cautioned the Nana Addo- led administration to be careful with the way it is flouting constitutional obligations.
According to the NDC, the flagrant disregard for constitutional arrangement by the Akufo-Addo, in the governance of this county is dangerous and recipe for instability.
“Again the naked abuse of power by President Akufo-Addo and his over-zealous desire to control all arms of government, poses a grave danger to our democracy and governance arrangements.
President Akufo-Addo, must note that the ongoing happenings in Kenya, serve as a reminder that there is a tolerable limit for the abuse and excesses Executive “, he warned.
