The Committee Must Prioritize Our Democracy and the Independence of Its Institutions

Former US Supreme Court Justice Sandra Day O’Connor observes that the independence of the judiciary is critical for the success of the nation. We agree entirely with Justice Day O’Connor and, as such, completely disagree with President John Dramani Mahama and the NDC for triggering Article 146 processes to remove Chief Justice Gertrude Araba Esaaba Sackey Torkornoo. While the President may be acting to give effect to Article 146 (6) and related provisions, the President could have equally abstained, which, in our view, would have served this Fourth Republic better given the grim implications of the removal.

Ghanaians are divided on the decision to remove the Chief Justice, and the division is partisan. We, along with other advocates for democracy, are perplexed and struggle to estimate the democratic value of removing the Chief Justice. In essence, we see no objective justification, at least not explicit, to occasion the monumental decision to remove the Chief Justice of the Republic from office. This lack of plausible rationale fuels the perception that the removal of the Chief Justice is politically motivated.
This hurried attempt to encroach on the independence of the judiciary poses a grave danger to our democracy. Therefore, we wish to call on the Committee set up to inquire into the petition to save this Republic from committing a democratic suicide by keeping the Chief Justice in office.

The following are some of the immediate impacts on our democracy:

1. Erosion of Judicial Independence
Given the utterances of the National Democratic Congress, in opposition and reactions following the suspension of Chief Justice Torkornoo, the government cannot convince Ghanaians that the effort to remove Chief Justice Gertrude Torkornoo is not contrived or apolitical. With the perceived political undercurrents, the Chief Justice’s removal would likely undermine the judiciary’s independence. This may lead to a judiciary that is less willing to act as a check on the executive or legislative powers. This erosion would weaken the rule of law, diminish public confidence in the justice system, and threaten the separation of powers.

2. Undermine Democratic Principles
Judicial independence is the cornerstone of our democracy or government. The politically motivated removal of the Chief Justice is perceived by many as an attempt to influence judicial decisions and politicize the judiciary. Given the partisan nature of our politics, such actions may worsen political polarization, weaken democratic institutions, and undermine public trust in government.

3. International Reputation and Relations
Ghana’s reputation as a stable democracy may be tarnished if its judiciary is seen as subject to political interference. This can affect diplomatic relations and foreign investment, as international partners often prioritize governance standards and the rule of law.

4. Impact on Justice Delivery and Public Confidence
The perception that judicial appointments and removals are politically driven can diminish public confidence in the judiciary’s fairness and impartiality. Citizens may lose faith in judicial decisions, leading to increased social unrest or resorting to extrajudicial means to resolve disputes.

5. Precedent for Future Interference
The perception that politics is the basis for removing the Chief Justice sets a dangerous precedent, potentially encouraging future interference in judicial appointments and disciplinary matters. This would permanently politicize the judiciary and obliterate the inherent demarcation of our government’s structure.

In sum, removing Chief Justice Gertrude Torkornoo would significantly weaken the judiciary arm of the government and undermine democratic governance. It will provoke legal crises, damage Ghana’s international reputation, and erode public trust. To this end, we beseech the committee to rise to the occasion with a decision that prioritizes our democracy and the sanctity of its institutions ahead of all other considerations.